CONDITIONS OF USE WEBSITE “PERDITA.ES”

First. – Definitions

“PERDITA”: The company PIURE CON PIÑA , S.L.
“PERDITA.ES”: All websites and mobile accessible through the website [www.perdita.es]
“User” means any person aged 18 years or older, with the ability to enter into contracts, who visits the website PERDITA.ES. In plural, “Users”.
“Terms of Use”: These general conditions of use and any special conditions of use.

Second. – Identification of the website owner Perdita.es
Piure con Piña SL., a company validly incorporated and existing under Spanish law, with registered office at Bac de Roda street 118 6 6, 08019 Barcelona, with NIF number B-67462804. It is registered in the Commercial Register of Barcelona, Catalonia to Volume 46976, Book 0, Folio 45, General Section, Sheet 536987, Inscription 1a

Third. – Acceptance and modification of these Terms of Use
PERDITA offers the User a service to buy drinks, food and merchandising for delivery, take away or advanced purchase format. To enhance the sale of their services in exchange for acceptance of these Terms of Use.
The User declares and acknowledges having read these Terms of Use in their entirety. In addition, by using the services offered on the Perdita.es platform, Users accept these Terms of Use without reservation.

Piure con Piña SL reserves the right to modify these Terms of Use at any time, either in whole or in part. Therefore, it is the User’s responsibility to periodically consult the most up-to-date version of the Terms of Use that will be published on the platform’s website Perdita.es. Users will be deemed to have accepted the most up-to-date version each time they use the Perdita.es platform again.
By accessing or using the Perdita.es platform in any way, the User agrees to be bound by these Terms of Use.

Fourth. – Access and use of the website Perdita.es
4.1 Eligibility conditions
Use of the website Perdita.es is subject to the following cumulative eligibility requirements: as a User, you must (i) be 18 years of age or older; (ii) have the legal capacity to assume legal obligations; and (iii) the reservations and purchases you make through the website, either as the owner or as the legal representative of another person, must be legitimate.

4.2 Access to the website Perdita.es
Piure con Piña SL reserves the right to suspend, delete or modify in whole or in part the website or the services offered therein without prior notice. Piure con Piña SL reserves the right to suspend access to the website to all or some of the Users for maintenance, emergency (cyberattack, etc.) or for any other reasonable cause at any time.

4.3 Terms of account creation
By creating an account, the User expressly and unreservedly accepts these Terms of Use.
The User undertakes to provide accurate, up-to-date and truthful information, especially regarding its processing, surname, name and email address, telephone number data that are necessary for proper identification in connection with the creation and maintenance of his account.

4.4 Confidentiality of account access data
During the process of creating their account, Users must choose a name and password (the “Access Data”) that will allow them to access it.

This Access Data is personal and confidential. They can only be modified at the request of the User or at the initiative of Piure with Piña SL.

Users have full and exclusive responsibility for the use of their account and Access Data, and undertake to make every effort to keep their Access Data secret and not disclose it to third parties in any way.

In case of loss or theft of the User’s Access Data, the User will be responsible for any damages that may arise from such loss or theft, and must proceed as soon as possible to modify them.

4.5 Deleting the account
Users can delete their account at any time. To do this, they must send their account deletion request by email to: mogul@perdita.es.
Piure con Piña SL will endeavour to process account deletion requests within a reasonable time.

4.6 User Obligations – Prohibited Actions
Users agree to use the website Perdita.es in accordance with these Terms of Use and applicable law. In particular, Users undertake not to perform the prohibited actions mentioned below.
• The contents and data of the platform Perdita.es (including but not limited to messages, data, information, text, music, sounds, photographs, graphics, videos, maps, icons, software, codes or any other element), as well as the infrastructure used to transmit such content and information, belong exclusively to Piure con Piña SL as owner or licensee; Users agree not to modify, copy, distribute, transmit, publish, make available to third parties, reproduce, publish, license, create derivative works from, assign, sell or resell information, software, products or services that they have obtained from or through Perdita.es.
• The copying, reproduction, redistribution of total or partial transmission of the content of the website Perdita.es without the prior written permission of Piure con Piña SL is strictly prohibited. To obtain such authorization, please contact Piure with Piña SL at the following address: mogul@perdita.es
Likewise, Users undertake not to perform any of the following actions:
• Use the Perdita.es platform or its contents for illegal, illegitimate or fraudulent purposes;
• Use, monitor, extract or copy content or data from the platform Perdita.es or the actions of any User on the platform Perdita.es by means of a robot, web spider, scraper, spyware, a keylogger or any other program, automatic device or manual process for any purpose for its use to the use of third parties;
• Violate restrictions on robot exclusion files on the website Perdita.es or circumvent measures to prevent or limit access to the website Perdita.es
• Carry out any action that imposes or could impose unjustifiable or excessive burdens on the infrastructure of Perdita.es;
• Frame, mirror or integrate parts of the website Perdita.es on another website;

4.7 Penalties for breach of contract

4.7.1 Suspension or cancellation of Perdita.es services
In case of non-compliance or non-compliance in whole or in part of the obligations or provisions of these Terms of Use by a User, or in the event that a User carries out any of the prohibited actions as stipulated herein, or for any other justified cause, Piure con Piña SL may modify, suspend, limit or cancel the access of said User to all or some of the services of the platform Perdita.es , for example by deactivating your account, without prior notice, without the User being entitled to claim any compensation and without prejudice to any compensation that Piure con Piña SL may claim at court office.

However, Piure con Piña SL must not justify the suspension or cancellation of the user profile if applicable.

4.7.2 Damages
Regardless of the penalties imposed by Piure con Piña SL under point 7.7.1, Piure con Piña SL may also claim damages that may be made in law.

Fifth.- Return and Refund of products
In the event that the Customer wishes to return a product or wishes to make a claim about it for not conforming to what he has requested through the website Perdita.es, the User must provide a photograph of the total order together with a list of the wrong products or that have not been delivered, as well as other evidence demonstrating the non-adequacy of the requested product, even if the products came broken or damaged that did not allow their consumption, the user must provide a photo.

In case of refund of the amount of the purchase to the user, it will be Piure con Piña SL who will have the power to decide the method of return (cash, credit card, voucher…)

Sixth.- Right of Withdrawal and Cancellation of Orders
According to the very nature of the service offered by Perdita.es, the User is aware that once he has voluntarily accepted an order, it is considered that the execution of the purchase command has begun and therefore the User may not have the right to withdraw in the request of the service free of charge.

Notwithstanding the foregoing, cancellation costs may depend on the following factors;
If Perdita.es accepted and started preparing the order, the amount of the products will be charged. Acceptance by Perdita.es will be communicated to the user by sending an email to the address registered by the user.

If the user cancels the order once the Perdita.es has accepted its processing, the cancellation fee will be charged to the user.
In the event that the user has incorrectly indicated the delivery address of the products, he/she may enter a new address at any time provided that he is within the same city of the initial order. In a different case, the user will be ordering the contracting of a new service and accepts that the amounts corresponding to the new delivery will be charged.

Perdita reserves the right to cancel an order without the need to plead a fair cause. In case of cancellation installed by Perdita, the User will be entitled to a refund of the amount paid.
Perdita has official complaint sheets available to the consumer, for the purpose of the service offered by Perdita, in the official languages of the countries where Perdita operates. The aforementioned complaint sheets may be requested by the user through The Customer Service of Perdita.

Seventh.- Purchase of Alcoholic Beverages (Cocktails and others)
Users who place an order on Perdita.es must be of legal age, having turned 18 years of age. By placing an order on Perdita.es the User confirms that he/she is at least 18 years of age. Perdita reserves the right to refuse to allow the purchase order and/or delivery of alcohol to anyone who cannot prove to be at least 18 years of age.

This clause shall be identically applicable to any other similar product and/or service reserved for the coming of age according to current legislation and requested by a User through the website.
Likewise, in cases and in cities where the sale and / or delivery of alcoholic beverages is restricted in a certain time slot, the User is responsible for placing orders at the permitted times according to the applicable regulations. Perdita reserves the right to refuse to allow the purchase order and/or delivery of alcohol outside of permitted hours.

Eighth.- Delivery service.
8.1 Same-day deliveries.
Perdita provides the user with a delivery service for the products purchased on the website Perdita.es in the city of Barcelona. The order can be placed provided that the following conditions are met at the time of payment of the order:
• The service is operational for the chosen time slot.
• The destination must be located in the same city where the product is located

8.2 Deliveries in 24-48h
Perdita provides the user with a delivery service for products purchased on the web Perdita.es in the mainland. The order can be placed provided that the following conditions are met at the time of payment of the order:
• The service is operational for the chosen city.

Ninth. – Intellectual property
Compliance with national and international intellectual property legislation

Users agree not to send, copy, resell, republish or, in general, make available to any natural or legal person of any country and in any way the contents, data, information or elements that they have received from Piure con Piña SL or are available on the platform Perdita.es. Users undertake to comply with the intellectual property provisions set out below.

All intellectual property rights, moral and heritage, on the content and information available on the platform Perdita.es are owned by Piure con Piña SL.

9.1 Protection of all elements: trademarks, designs, logos, hyperlinks, information, etc.
All elements (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, screen configuration, databases, codes, etc.) of the platform Perdita.es, are protected by national and international legislation on intellectual property. These elements are the exclusive property of Piure with Piña SL and/or its licensors.

9.2 Prohibition of Unauthorized Uses
Therefore, Users may not reproduce, represent, republish, redistribute, adapt, translate and/or modify in whole or in part or transfer to other media any information from the platform Perdita.es without prior written authorization from Piure con Piña SL.

Tenth. – Limitations of liability
10.1 Warning
It is up to Users to carry out the necessary or appropriate checks before making a reservation or purchase on the Perdita.es platform, through the corresponding link.

10.2 User Guarantees and Compensation
Users guarantee to be fully familiar with the features and limitations of the Internet. In particular, they recognize that it is impossible to ensure the full security of the data you submit over the Internet. Piure con Piña SL is not responsible for any incident that may occur from this data transmission.

Users agree to protect and indemnify Piure con Piña SL against any liability, damage, expense, claim or cost arising from any claim or litigation, whether judicial or extrajudicial, in connection with the use of the services provided by Piure con Piña SL.

In any case, Users explicitly acknowledge and agree to use the Perdita.es platform at their own risk and at their sole risk.

Eleventh. – Other provisions
11.1 Integrity
In the event that any of the provisions set forth in these Terms of Use is declared null and void, illegal, enforceability or applicability, the validity, legality, enforceability or applicability of the other provisions shall not be affected or diminished, retaining such provisions their full validity and validity.

Piure con Piña SL may draft a new clause with a view to restoring the common will of the Parties, as expressed in the original clause, always in accordance with the applicable legislation.

11.2 Notifications
Any notice or notification must be made in writing or by e-mail to mogul@perdita.es which will take effect from the date of the acknowledgement of receipt of the email or by regular mail to the address of the company Piure with Piña SL

11.3 Jurisdiction and applicable law
These General Conditions of Use shall be governed by Spanish law. The parties declare competent, for any incidents that may arise from the interpretation and performance of this contract, expressly waiving any jurisdiction that may correspond to them, the Courts and Tribunals of the City of Barcelona.

The User accepts the general conditions of use of the Perdita.es platform, as well as the processing of his/her personal data in accordance with the privacy policy of the website Perdita.es

Likewise, the user accepts hereby the receipt of news and personalized commercial communications from the platform Perdita.es through email and other means.

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