Evolution Artes y Restauración, S.A., with business address in 28004 Madrid, number 3, Marqués de Valdeiglesias street, with Fiscal Identification Number A-82191727 (hereinafter Yakitoro) and third parties (hereinafter “Users”) is the titleholder of the portal site www.regalayakitoro.com (hereinafter the Portal and/or the Store), Customer Hotline: 91 737 1441, e-mail: firstname.lastname@example.org, and places this portal at the disposal of Internet users for the purchase of the products tendered therein.
I. GENERAL CONDITIONS OF USE OF REGALAYAKITORO.COM
1.2 As a Portal User you acknowledge that you have legal capacity to be bound and to contract our products and services. This Portal is intended exclusively for consumers and final users; any professional activity concerning resale or distribution of the products being strictly prohibited.
1.4 These Conditions of Use shall apply both to the promotional activity and the provision of information carried out via the Portal, and likewise to the purchase of the goods and/or the provision of the services tendered on the Portal.
2. CONDITIONS OF USE: UNAPPROVED USAGE
2.1 In general terms, the User is entirely responsible for access to, and the correct use of, the Portal, and undertakes to be bound by the present Conditions of Use, or where applicable, the Specific Conditions that may be relevant; likewise to comply with the particular warnings or instructions for use contained therein or on the Portal, and to act always in accordance with the law, with proper conduct and the requirements of good faith, taking the care corresponding to the nature of the service enjoyed, and shall not use the Portal in any way that might impede, damage or degrade the normal operation thereof, the property or rights of Yakitoro, other users or any third party in general.
2.2 Specifically, and without this involving any restriction to the commitment undertaken by the User with regard to his/her acceptance of the preceding section, the User undertakes, on using the Portal, to comply with the following:
Yakitoro shall be entitled to take the necessary action in the event of non-compliance with the provisions of the present clause, at its sole discretion and/or at the request of an affected third party or of a competent authority. The adoption of these measures shall not imply any right to compensation.
3.1 Yakitoro shall not be responsible for any damages which might be derived from the following, by way of enunciation but not limited to:
3.2 Yakitoro, in general, does not monitor the use made of the Portal by the Users. In particular, Yakitoro does not guarantee, under any circumstances, that the Users will use the Portal in accordance with the law, with the present Conditions of Use, with morals, with generally accepted good procedures and observing the public order, nor that they will do so diligently and with caution.
3.3 Yakitoro shall be liable for damages suffered by the Users solely when said damages are attributable to wilful misconduct by the company. The User acknowledges and accepts that use of the Portal, and likewise the purchase of the products and services tendered therein, is carried out at his/her own risk and under his/her sole responsibility.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY. PROHIBITION OF HYPERLINKS
4.1 All the content displayed on the Portal, and in particular, the designs, texts, graphs, logos, icons, buttons, software, brand names, trademarks, industrial drawings or any other symbols susceptible to industrial or commercial use are governed by intellectual and industrial property rights and are the property of Yakitoro or of third party owners who have duly authorised their inclusion on the Portal.
4.2 Under no circumstances shall it be understood that any licence be granted or that any relinquishment, conveyance, total or partial transfer of said rights be made, nor shall any rights nor acquired rights be conferred, in particular regarding the alteration, exploitation, reproduction, distribution or public disclosure or transfer of said content without the prior express authorisation of Yakitoro or of the corresponding owners.
4.3 No link to the Portal from any other website may be established without the prior express authorisation of Yakitoro.
For the purposes of the present Conditions of Use, and for any message, complaint or claim to be made between Yakitoro and the User, these should be sent to the Customer Service Department by e-mail (sending a message to email@example.com, or in writing to the Customer Service Department of Yakitoro at the address “Marqués de Valdeiglesias number 3, Madrid 28004”). Yakitoro’s messages to the User will be dispatched in accordance with the data provided by said User when registering at the Portal. The User, for any messages concerning the use of the Portal and/or the purchase of goods, expressly accepts the use of e-mails as a valid procedure for the sending of said messages.
7. APPLICABLE LAW
The present conditions shall be governed by Spanish law, which shall be applicable in all matters not stipulated in this Agreement concerning its interpretation, validity and implementation.
II. CONDITIONS FOR ELECTRONIC SALES BETWEEN YAKITORO AND USERS
1. GENERAL CONDITIONS FOR CONTRACTING. INFORMATION PRIOR TO CONTRACTING
1.1 These General Conditions for Contracting, together with, where applicable, the Specific Conditions that may be stated, shall expressly govern the relationship arising between Yakitoro and the Users.
1.2 The present General Conditions for Contracting have been drawn up in accordance with the stipulations of current legislation governing the services of the Association for Electronic Information and Commerce, the General Terms and Conditions for Contracting and the General Act for the Protection of Consumers and Users, and any other applicable legal provisions.
1.3 The use and/or the purchase of any of the products and services on the Portal shall imply the User’s acceptance, without exception of any kind, of each and every one of the General Conditions for Contracting, the Conditions of Use of the Portal and, where applicable, the Specific Conditions which, where applicable, may govern the purchase.
1.4 Yakitoro states that the procedures required to carry out the purchase of goods are those described in the present General Conditions for Contracting, and likewise other specific procedures indicated on screen while browsing, in such a way that the User must declare awareness and acceptance of the necessity of these procedures to access the products and services tendered on the Portal.
1.5 Any modification and/or correction of the data provided by the Users while browsing shall be carried out in accordance with the instructions appearing on the Portal.
2. PRODUCTS TENDERED. PURCHASING PROCESS
2.1 The menus included in the Gift Cards are for indicative purposes only, and may be modified in part or in whole by Yakitoro, either due to a change to the menu of its establishments or to the unavailability of any of the products at the time of consumption. Yakitoro shall not be obliged to notify the Users of the modifications made to the menus, but Yakitoro guarantees that the replacement products shall be equivalent to those existing at the time of contracting.
2.2 The photographs appearing on the Portal are not of a contractual nature, their sole purpose being to provide the User with an approximate idea of the dishes served at the Yakitoro restaurant.
2.3 The Gift Cards purchased from the Portal shall be consumed at a single reservation at the chosen establishment, and the number of persons included in the reservation shall not be greater than the number appearing on the Gift Card.
2.4 The purchase of a Gift Card does not guarantee the reservation of a place in an establishment on a particular date. This reservation shall depend on the availability thereof at the establishment where it is desired to be made.
2.5 When making a reservation for the consumption of a Gift Card, the User (or the third party using said Card) shall express his/her intention to redeem said Card at that reservation, and shall provide the reference number of the Card.
2.6 The prices appearing on screen are shown in euros, and include V.A.T. and any other applicable taxes, and shall at all times be valid, save typographical error. Offers shall be duly portrayed on screen. In addition to the price, and prior to confirming the order, comprehensive information regarding the prices will appear on screen.
2.7 To proceed with the purchase of products and services, the User shall confirm the content of his/her shopping basket, which shall imply having read and irrevocably accepted each and every one of the present General Conditions and, where applicable, any Specific Conditions that may exist.
2.8 On completion of the purchase and in the shortest possible period of time, and always within twenty-four (24) hours after the execution of the purchase, Yakitoro will send the User a proof of purchase by e-mail. The Client may likewise request the corresponding invoice, to be sent by Yakitoro. Neither the confirmation of the order nor the proof of purchase shall be valid as an invoice.
2.9 The Gift Cards shall be redeemed within a maximum period of SIX MONTHS from their date of purchase. On termination of this period, if the Gift Card has not been consumed, it shall lose all validity and value, and may be cancelled by Yakitoro without notifying the User. The User or holder of a Card cancelled for this reason shall not be entitled to compensation of any nature.
3. METHOD OF PAYMENT
3.1 Payment of the price of the products and services purchased, which will be displayed on screen, may be made by either credit card or debit card, in accordance with the methods of payment displayed on screen.
3.2 To proceed with payment, the User should follow each and every one of the instructions displayed on screen, providing the following information:
3.3 As an electronic payment system, Yakitoro has installed an e-commerce payment gateway. All the data provided for this purpose are encrypted in order to guarantee the maximum security of the same. Yakitoro declares that under no circumstances does it access or store the data provided by Users via the payment gateway.
The balance of the Gift Card cannot be refunded nor exchanged for money. However, returns of unused Gift Cards will be accepted within a maximum period of ONE MONTH from the date of purchase.
The amount paid for the Gift Card shall be returned by the same payment method as that used for its purchase. To this end, it shall be essential to present the original purchase slip and, where applicable, the payment card and the sale receipt.
5.1 Yakitoro shall not be responsible for any product or Gift Card not purchased via the Portal.
5.2 The Gift Card is a Bearer Document. The responsibility for the use and safekeeping of the Gift Card corresponds to its holder alone. The Gift Card shall not be replaced in the event of theft, loss or misplacement.
6. APPLICABLE LAW
The present Agreement shall be governed by Spanish law, which shall be applicable in all matters not stipulated in this Agreement concerning its interpretation, validity and implementation.