General conditions of purchase
1. Lender Identification
Boix Restaurant Vilamarí SL with CIF B-55315089 and registered office at Ctra. Banyoles-l'Escala Km:7.5., 17468 (Girona) with contact telephone number +34 972 56 10 05 and email info@canboixvilamari.com , is the provider of the services and products purchased (hereinafter the “ Provider ” or “ Can Boix ” indistinctly).
2. Scope
These General Terms of Purchase (hereinafter the “ Conditions of Purchase ”) are intended to regulate the purchase of the products and services offered by Can Boix and are exclusively applicable between the Provider and users over 16 years of age who purchase the products/services offered on the Website, who are strictly subject to these Conditions of Purchase (hereinafter the “ Buyer ”).
At the time of making and formalizing the purchase, the Buyer declares to have previously read and understood these Purchase Conditions, and likewise, voluntarily accepts and acknowledges them expressly and without reservations.
Can Boix reserves the right to modify the Purchase Conditions at any time and make them available to the Buyer and users of the Website updated and in force. The parties, the Provider and the Buyer agree that the modified Purchase Conditions will form an indispensable part of the contractual relationship between both parties.
3. Object
The menus and/or gift vouchers offered by the Provider on the Website are subject to purchase, which in each of their modalities are duly detailed by Can Boix and, therefore, are unalterable by the buyer once the Purchase has been made. However, Can Boix reserves the right to partially modify the menus when due to the products and their availability or other operational reasons, in which case the Buyer will be notified at the time of the reservation (hereinafter “ the Object ”).
The purchase of the Object requires the selection of the Object by the Buyer, providing the data requested by the Provider during the purchase process, payment and acceptance of the Purchase Conditions without reservation, finally the Provider will issue a confirmation of the purchase by email indicating the Buyer detailing the object and indicating the order number and the Confirmation code (hereinafter the “ Purchase ”). The Purchase has a validity of 6 months. (hereinafter the “ Validity ”).
In order to enjoy the Purchase, prior reservation is required through some of the channels made available on the Website and confirmation of this by Can Boix, the Buyer in the reservation must provide information on details of the Purchase included in the confirmation email of the Provider and others that Can Boix may request during the process. Once the reservation has been made and confirmed by the Provider. Can Boix grants the ability to modify or cancel the reservation up to 24 hours in advance without any charge for the Buyer, however if the Buyer cannot attend it will be considered satisfied and a refund will not be possible. Similarly, once the Validity of the Purchase has elapsed, the Buyer will not be able to make a reservation or request a refund.
The Validity of the Purchase will not be altered in the event that Can Boix cancels the reservation, in which case the Provider will offer the option of being able to reschedule the reservation and in the event that it is impossible for the Buyer, the Price will be refunded subject to the provisions established in section 5 of the Purchase Conditions.
4. Price and payment method
The Provider, in the description of the Object, details the price in euros (€) including VAT of each of the options offered on the Website (hereinafter the “ Price ”).
The Provider reserves the right to modify the price of the Object, therefore, this may change depending on the characteristics of the same at the discretion of Can Boix, in any case the Buyer will have the detailed price before formalizing the Purchase and once made the price of the Object will be unalterable.
The satisfaction of the payment of the Price will be made during the purchase process on the Provider's Website, however, the payment method for the Purchase is bank card and the processing and execution of the payment will be carried out through the payment gateway of the Can Boix provider. The execution of the payment requires personal and banking details of the Buyer to the provider of the Can Boix payment gateway, the processing of these data by the latter is subject exclusively to the management and satisfaction of the payment and in any case in compliance with the obligations of the data protection legislation and other applicable ones. The Buyer can consult more information about the processing of data in the Privacy Policy .
5. Cancellation and Refund Policy
Can Boix offers the possibility of canceling and requesting a refund of the Purchase Price for fourteen (14) calendar days once payment has been made (hereinafter the “ Term ”).
Once the reservation has been made to enjoy the Purchase, the Buyer will not be able to request cancellation and refund of the Price even if it is within the Term, given that once the reservation has been made at the establishment, even if the Buyer cannot attend, it will be understood as having been used by the Buyer.
The cancellation will be processed by email to the Provider at info@canboixvilamari.com. The Buyer must include: their details, the order number and the reference code indicated in the Purchase confirmation email. Can Boix will process the request once it has been verified that it complies with the provisions of the Purchase Conditions including the indicated period and will send an email confirming the acceptance and sending of the refund within ten (10) calendar days after the request. Likewise, the refund of the Price will be made to the bank card with which the Purchase was formalized, not being possible to refund to another card or another method other than that of the Purchase process. The term for the refund of the price will be in the next 30 calendar days although it is subject to the provider of the Provider's payment gateway.
6. Exoneration of Liability
Can Boix undertakes to offer the Object in accordance with what is established on the Website at the time of Purchase and in any case in accordance with the content of these Purchase Conditions without prejudice to the fact that for reasons of food availability or management it must make any changes, in which case it will duly communicate this to the Buyer and an alternative will be offered.
The Provider will not be responsible for possible errors in the reservation by the Buyer as well as possible misunderstandings in the interpretation of these Conditions of Purchase or in the process of Purchase or reimbursement of the Price. However, when the errors are attributable to Can Boix, the latter undertakes to respond to the Buyer to the extent that is reasonable and provided that it does not involve an expense that exceeds the Price of the Object or the Purchase.
Can Boix's commitment to the quality of the Object and the quality of the food is firm, for this reason the Provider takes the necessary precautions to avoid cross-contamination of allergens and will adapt the menu in accordance with the dietary restrictions or allergies or other potential health aspects derived from ingestion indicated by the Buyer, however, it is not responsible in the event that the Buyer has not indicated or has not done so with sufficient clarity at the time of booking.
The Provider reserves the right to temporarily suspend or modify the Object offered on the Website due to maintenance work, technical failures or any other unforeseen circumstances. In these cases, Can Boix undertakes to use its best efforts to resolve the situation and incidents as quickly as possible without this giving the Buyer the right to claim.
Can Boix will not be liable for any indirect damage, loss of profits or any other indirect loss that the Buyer may suffer as a result of the Purchase or reservation as well as the use and enjoyment thereof. This includes, but is not limited to, problems arising from delays, dissatisfaction of the Buyer or any other circumstance related to the Object offered.
Likewise, Can Boix is exempted from any liability that may arise from causes of force majeure beyond its reasonable control that may prevent the Buyer from enjoying the Purchase.
The Provider will not be liable for personal or material damage caused by the Buyer's negligence, including improper use of the Can Boix facilities or fortuitous causes during the enjoyment of the Purchase at the Can Boix facilities.
7. Protection of Personal Data
The Purchase involves the processing of the Buyer's personal data by the Provider, which will be processed in compliance with applicable legislation on data protection and in any case, subject to the provisions described in the Privacy Policy .
8. Modification and acceptance of the Purchase Conditions
These Purchase Conditions are the only ones applicable between the Buyer and Can Boix for the Purchase through the Website. No other general conditions or agreements that have not been expressly agreed in writing between the parties will be accepted. However, any other document or condition, including those that may attempt to impose third parties, will not be valid, unless they are previously accepted by the Provider.
Can Boix reserves the right to modify the Purchase Conditions at any time, these conditions will be effective from the moment they are published on the Website and will only apply to Customers who have expressly accepted them.
9. Applicable law and disputes
These Purchase Conditions are subject to Spanish Law and any controversy regarding their application, purposes or interpretations will be subject to the jurisdiction of the competent Spanish judges and courts.