LEGAL NOTICE AND GENERAL CONTRACTUAL CONDITIONS
Use of our online shop, whether simply as a visitor or registered member, assigns the status of consumer or user, and implies acceptance of the general contractual conditions.
If you want us to send these to you in another format, request it in the “remarks” box when submitting your order.
It will be understood that by following all of the steps provided to purchase a product through our online shop, as well as your order, implies full adherence, without reservations, on the part of the user to each and every one of the general conditions posted on the website.
These conditions will be applicable from the time the online purchase procedure is initiated until receipt of the shipment, as well as the end of the time periods for cancellation, and the legally established warranties, as appropriate.
2. Website Ownership
The owner of this Site is Paradise a la Carte, L.L.C. and Paradise a la Carte, S.L. It holds all rights to operate the application in Spain, with address at Calle del Mediterráneo s/n, 1st floor, Office B, Solimar Building, Postal Code 29780, in Nerja, and TIN: B93468122. It is registered with the Málaga Commercial Registry, Volume 5515, Book 4422, F 55, Section 8, Page MA-134038, 1st Registration.
You can contact us at the following telephone number or email address: Telephone: +19547808630, email: [email protected]
3. Intellectual and Industrial Property Rights.
This Site’s intellectual property rights belong to Paradise a la Carte, L.L.C. and Paradise a la Carte, S.L, which hold the rights to operate the application in Spain.
The unauthorized reproduction, distribution, sale, or complete or partial transformation of the Site’s content constitutes a violation of the intellectual property rights of Paradise a la Carte, L.L.C. In addition, all of the brands or distinguishing features contained on the Site are protected by law.
Unauthorized use of the information contained on this Site, as well as damages caused to the intellectual and industrial property rights of Paradise a la Carte, S.L. and Paradise a la Carte, L.L.C., which could result in the appropriate legal action and, if applicable, to the liabilities arising from said proceedings.
In the event our online shop’s products are subject to protection due to intellectual property rights, Paradise a la Carte, S.L. guarantees that it is authorized to process the purchase and charge the customer for the product.
4. Liability Waiver
The content, programs, information, and/or advice expressed on this Site must be understood as merely informative. Paradise a la Carte, S.L. is not responsible for its effectiveness or accuracy in any way, and remains free of any contractual or non-contractual liability to the users who make use thereof, given that they must decide as to its suitability, according to their own criteria.
This Site may publish content provided by third parties. Paradise a la Carte, S.L. is not responsible for its effectiveness and accuracy, and is free of any contractual or non-contractual liability to the users who make use thereof.
Paradise a la Carte, S.L. reserves the right to amend the Site’s content without prior notice and without any type of limitation.
In addition, it does not accept responsibility for any losses and damage this Site’s lack of availability and/or continuity may cause, and the goods and services offered therein, given they are manufactured and provided by third parties.
Paradise a la Carte, S.L. does not guarantee the absence of viruses or other elements on the website that could cause alterations to your computer system. Paradise a la Carte, S.L. does not accept any contractual or non-contractual liability to users who use the Site and, as a result, sustain damage of any kind caused by computer viruses or computer elements of any sort.
Paradise a la Carte, S.L. does not accept any responsibility for services that may be provided on the Site by third parties.
Paradise a la Carte, S.L. does not accept any responsibility for services and/or information provided on other sites to which it is linked. Paradise a la Carte, S.L. has no control or supervision over third-party websites. We recommend that users act prudently and view any legal terms set out on these websites.
Users who submit any type of information to Paradise a la Carte, S.L. hereby attests to its veracity and that it does not violate any third-party rights or current legality.
Access to this Site is free of charge, except that which relates to the cost of connection through the telecommunications network supplied by the access provider that the user has retained.
Use of the Site for the purpose of damaging the assets or interests of Paradise a la Carte, S.L., or those of third parties, is strictly prohibited, or that in any way overloads, damages, or renders unusable the networks, servers, and other computer equipment (hardware) or information technology products and applications (software) of Paradise a la Carte, S.L., or third parties.
If the User is aware that linked sites are forwarding to pages in which the content or services are illicit, harmful, denigrating, or immoral, we would appreciate it if you would contact Paradise a la Carte, S.L.
6. Sale and Purchase of Goods, Shipping, and Liability
Consumers or users may purchase products via the portal at https://paradisealacarte.com/. These are categorized, so by selecting the product the information available on its features, uses, and price appears on the screen with one or more descriptive photographs. Before purchase, the user should check the product and assess whether it is suitable for their needs. Technical assistance, post-sale service, and other commercial warranties, if any, which may be helpful to the customer may also appear.
Before purchase, the user should check the product and assess whether it is suitable for their needs. In addition, the user must be 18 years of age, provide the necessary information, and accept these conditions.
The fact that the user fills out the order form does not imply automatic acceptance of the order by Paradise a la Carte, S.L., which will be understood to have accepted it when an automatic email message is sent acknowledging the request.
6.1. Purchasing Process
If they wish to continue purchasing, they will accept the purchase by using the order button, accepting the conditions, legal notice, and the specific conditions purchasing the product(s) entails.
Subsequently, if these have not been provided previously, the customer will be asked for their personal information, with asterisked fields being required for proper shipping. It isn’t necessary for the customer to register beforehand.
The customer may check whether the information is correct, and if necessary, correct any errors by using the “Edit” button.
To complete the purchase process, they must click the “Buy Now” button (or similar expression), which entails a purchase with payment required.
If there are help pages during the process, these will provide the customer with additional information about the purchasing process.
When the sale and purchase of a product is executed, once payment is received and confirmed, and Paradise a la Carte, S.L. has confirmed acceptance of the purchase by email within 24 hours of the purchase, the product is shipped. If the products are unavailable, this information will be provided via email.
If payment is made by credit card, the card will be charged by means of a bank’s POS (Point of Sale) terminal. All commercial transactions are carried out on a secure server under the SSL (Secure Socket Layer) protocol, which guarantees the security and privacy of its data.
The contract expires once the item is delivered, although warranties and data are maintained for legal and commercial reasons (if accepted).
In no case will Paradise a la Carte, S.L. respond to other types of damages, whether these be direct, indirect, or of any other nature, nor for loss of funds the buyer may suffer due to problems resulting from the product’s sale and shipment.
Paradise a la Carte, S.L. will not be responsible for delays, or published information that is imprecise or incorrect, when these are the result of events or circumstances beyond its control, which includes, by way of example but not limited to, government action, fire, flood, insurrection, earthquake, technical failure, a hack, disturbances, explosion, embargo, legal or illegal strike, shortage of personnel or materials, interruption of transport of any sort, delayed work, or any other circumstance beyond its control.
For additional information about your order or its billing, you can contact Customer Service at [email protected].
6.2. Delivery Times
The timeframe for delivery will be approximately 48 to 72 hours after completion of the order, for shipments being delivered in Peninsular Spain, Ceuta, Melilla, and the Balearic Islands. The timeframe for delivery in the Canary Islands will be approximately 72 to 96 hours after completion of the order.
You may obtain access from any operating system, platform, or browser. If you have any problems contact us.
7. Prices, Payment Method, and Proof of Purchase
The product prices are expressed in euro, and will be as established on the respective Site pages for each product, and will remain valid for as long as they remain accessible on the Site.
The payment method for goods purchased will be by credit card. Any applicable taxes are included in the product price.
As a general rule, Paradise a la Carte, S.L. will send a payment confirmation by email.
Product warranties cover two years from the date received, as noted on the corresponding courier’s receipt and signed by the user upon delivery. The warranty on secondhand products is one year.
The warranty on consumable products is until the expiration date. The proper storage of consumable products by the user will always be taken into consideration.
The warranty grants the user the right to repair the product or exchange it for a new one (except for consumable or secondhand items), request a price reduction, or cancel the transaction.
In the event Paradise a la Carte, S.L. claims that one of the above options causes it disproportionate losses, and the consumer agrees, they may choose the most suitable option.
During the six months following delivery of the repaired product, Paradise a la Carte, S.L. will be responsible for the defects that caused the repair, assuming it is the same defect with the same origin in the same product it initially occurred.
9. User Obligations
Any commercial use of trademark products is expressly forbidden, unless expressly authorized by Paradise a la Carte, S.L. or holder of the registered trademark.
The user assumes the obligation of paying the product price, and using the product in accordance with the law and these general conditions.
The user assumes the obligation of keeping their password confidential and informing us immediately if they suspect any unauthorized use of their account or access to their password.
The user agrees not to use the account, username, or password of any other user.
10. Paradise a la Carte, S.L. Obligations
It hereby agrees to make the necessary information concerning the product available to the user, and once the purchase is made, to send them an email confirmation stating that the order has been received and the payment confirmation.
It hereby agrees to have the necessary parts for the product, or order them from the manufacturer during the 5 years following the end of its manufacture.
In addition, it will prepare an invoice which will be provided to the consumer along with their order.
If you are not satisfied with the products purchased in our online shop, you have the right to cancel the transaction by returning your purchases, in accordance with the terms in the following paragraphs.
The timeframe for cancellation will expire 14 calendar days from the day you, or a third party indicated by you, other than the courier, received the item.
The right to cancellation will not be applicable for products that may deteriorate or expire rapidly, such as food or beverages that may deteriorate if not refrigerated. Nor will it be possible to cancel pre-sealed goods which are not suitable for return due to health protection or hygiene, or that have become unsealed following delivery. Lastly, delivery of the daily paper, periodicals, or magazines will not be subject to cancellation, with the exception of subscription contracts for provision of said publications.
In the event multiple items have been purchased in the same order and delivered separately, the timeframe for cancellation will expire 14 calendar days after the date you, or a third party indicated by you, other than the courier, received the last of the items.
Once the product is received, we will refund both the main price and shipping costs paid at the time. However, the shipping costs resulting from the return will be borne by you.
The consumer will be liable for any loss of product value that results from handling it more than necessary to establish its nature, features, or functioning.
The consumer must communicate their intention to cancel the transaction by any means admissible by law. This can be done by calling +19547808630, sending an email to [email protected], or sending a letter to the address indicated in these conditions, as well as returning the product by parcel post and paying the return shipping. Simply returning the package to the following address will be sufficient for this right to be considered exercised: Calle del Mediterráneo s/n, first floor, apartment B, Solimar building, Postal Code 29780, Nerja.
However, we provide a cancellation form at the end of this section, the use of which is not required.
Once the notice of return (if applicable) and returned product have been received, Paradise a la Carte, S.L. will return the amounts paid by the user, including taxes and shipping costs, with no discount or penalty, within a maximum period of 14 days. The return will be made in the same method as paid, unless indicated otherwise.
The user must only reimburse the amount of any loss of the products’s value, as a result of being used contrary to the agreed terms or features of the product, due to inadvertent damage as a result of not following the product maintenance instructions, or due to deliberate damage.
If the return is due to product defects, the legal rights and warranties for defective products are applicable, as established in the applicable legislation for this purpose, with the company being liable for shipping costs.
The right to cancellation is only valid for consumers, including legal entities and entities without legal personality which act without pursuit of profit under a framework other than commercial or business activity. Merchants or entrepreneurs who obtain products under the framework of commercial or business activity cannot make use of the cancellation right. The cancellation form can be downloaded at the end of this text. « Download Here »
The user will be entirely responsible for the purchased product’s use, and will release https://paradisealacarte.com/ from any liability resulting from damage that may be caused from its improper use. They will be specifically responsible for the following:
• All acts that violate the provisions of these general conditions, the law, morality, generally accepted customs, and public order.
• Any act performed in a manner other than that indicated in the recommendations or instructions concerning the product’s functioning and use.
• The correctness, accuracy, validity, and updating of the information they provide on each of the forms required by Paradise a la Carte, S.L. on the website.
• The direct or indirect damage and harm caused to them by any third party in the event the user lost, revealed, was careless, or in any way allowed a third party to gain knowledge of their personal information, for reasons attributable to them, which is necessary for purchase of the product.
13. Right to Refuse Orders
Paradise a la Carte, S.L. reserves the right to exclude or not allow the purchase of the product when it is considered an infringement on current regulations, the general conditions, morality, generally accepted customs, or public order, when a third party is harmed, or when, for reasons involving the image and reputation of the website, Paradise a la Carte, S.L. does not consider it appropriate. In this case, if payment has already been made it will be returned.
If the purchased products consist of alcohol or tobacco, the distributor reserves the right to confirm the customer’s age before delivering the merchandise. If no adults are present, they reserves the right not to deliver the part of the order containing alcohol. The sale of alcohol to persons under 18 years of age is completely forbidden. We may ask for your identification card in order to verify your age, and the courier may also refrain from delivering the merchandise if it is being received by a minor.
14. Information and Modification
Paradise a la Carte, S.L. guarantees that it has posted these general conditions for the information of all potentially interested parties, on a date prior to their being able to purchase products, therefore fulfilling the previous information period. The user may view these general terms at any time via our website.
Temporary validity of these terms coincides with the time they are posted, until the terms and conditions specified herein are completely or partially modified on a unilateral basis, the user being required to view our general contractual conditions each time they access our online shop.
If any clause is declared null and void, it will be considered not posted, without affecting the remaining conditions.
15. Assignment and Subrogation
Paradise a la Carte, S.L. may hire service providers, and cooperate with or assign formalized transactions to third parties, to carry out the provision of all or part of the products for which it has agreed, by virtue of the different transactions they are executing.
16. Termination and Rescission
This contract will terminate when both parties have complied with the obligations they assume herein, or when it is rescinded by either for one of the causes provided for rescission, or if the other party engages in a serious breach of any of the obligations established in the contract.
All notices must be sent by any reliable method to the following address: Paradise a la Carte, S.L., Calle del Mediterráneo s/n, 1st floor, Apartment B, Solimar Building, Postal Code 29780, Nerja.
18. Applicable Law, Jurisdiction, and Validity
Paradise a la Carte, S.L. hereby informs you that this Legal Notice and the General Contractual Conditions are governed in all and each of their aspects by Spanish law. This contract is set forth in the Spanish language.
As the consumer enjoys regulatory protection, they may file a claim or suit from the jurisdiction in which they reside.
Both parties submit to the magistrate courts and courts of Nerja (Spain), expressly waiving any other jurisdiction, in the following cases:
• If the purchaser resides outside the European Union, and in that country there is no bilateral or multilateral convention with Spain that would hinder the possibility of expressly determining the competent jurisdiction.
• If the transaction is a sale/purchase made by a business acting in the framework of its business or professional activity.
19. Contact Us
If you have any questions about the conditions, or would like to make any suggestions or recommendations, please contact us at the following email address: [email protected]
20.- Online Dispute Resolution
In accordance with the provisions of EU Regulation 524/2013 concerning Online Dispute Resolution (ODR), we inform you that as a consumer there is a procedure available to you for resolving any disputes resulting from the online sale of merchandise and services in the EU.
The European Union’s ODR (Online Dispute Resolution) platform is available to you at:http://ec.europa.eu/consumers/odr/
For more information, check the following link:http://eur-lex.europa.eu/legal-content/ES/TXT/PDF/?uri=CELEX:32013R0524