1- GENERAL INFORMATION.
The ownership of this website, www.homieskits.com(hereinafter Website) is held by:
- Company name: GRUPO AVEGAP, S.L.
- CIF: B09614801
- Registered address: Avda. de Concha Espina, nº 8 Madrid
- Inscription data in the Mercantile Registry of Madrid: Volume 43023, Folio 55, Page M-760427.
- < strong>Contact details:
- Phone: 622810365
- Email: email@example.com
This document (as well as the rest of the documents related to it) will regulate the conditions governing the use of this Website www.homieskits.com and the purchase or acquisition of products and/or or services (said terminology encompasses the reservations and services offered) offered in it (hereinafter, Conditions).
The aforementioned Conditions are included in the activity developed given by GRUPO AVEGAP, S.L. on the Website, which are:
- Online sale of meal kits.
- Online sale of kitchenware kits.
These Conditions are subject to change. In any case, the User is responsible for consulting them each time he accesses, browses or uses the Website, being applicable those that are in force at each moment in which he requests any of the products and/or services offered. In the event that the User has any type of doubt about the Conditions, they may contact GRUPO AVEGAP, S.L., through any of the channels provided at the top.
2- THE USER.
Browsing, accessing and using the Website, confers the condition of user/s, for which they are accepted, from the start of the corresponding navigation within the Website, all Conditions established in this document, as well as any subsequent modifications that may occur. All this without prejudice to the application of the corresponding legal regulations applicable in each case.
- The User assumes responsibility for the correct use of this Website. This responsibility will include:
Only using the Website to make legally valid queries, purchases and/or acquisitions.
- Not making any type of false or fraudulent purchase and/or acquisition. In the event that the purchase can be classified as such, it will be canceled and the competent authorities will be informed.
- The contact information provided will be true and lawful.
In any case, the User declares to be over eighteen (18) years of age and to have full legal capacity to enter into contracts through this Website.
The Website is mainly aimed at Users residing in Spain. For this reason, GRUPO AVEGAP, S.L., is not responsible for the Website complying, totally or partially, with the laws of other countries.
The User, at his choice, may formalize with GRUPO AVEGAP, S.L. the contract for the sale of the desired products and/or services in any of the languages in which these Conditions are established, on this Website.
3- PURCHASE PROCESS.
Duly registered Users may purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of www.homieskits.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space so that, finally, they click on : www.homieskits.com
In turn, the User must fill in, complete and check the information requested in each step, although, during the purchase process, before making the payment, can modify the data of the acquisition.
Next, the User will receive an email confirming that GRUPO AVEGAP, S.L., has received his request for purchase and/or provision of the service, this message being the confirmation of the order. Where appropriate, this information may be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been completed, the User consents that the Website generatesrequires an electronic invoice that will be sent to the User by email and/or through their personal connection space to the Website. In turn, the User can, if he wishes, obtain a copy of his paper invoice, requesting it from GRUPO AVEGAP, S.L. using the contact spaces of the Website or through the contact information provided above.
The User acknowledges having knowledge, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown together with the provision or, where appropriate, image of this Website. Serve as an expository example (by no means exhaustive) depending on the case:
- Spaces and/or places.
- Details of the service.
- Characteristics of the service.
- How to carry out the provision.
- Cost of the provision and/or service.
And acknowledges that the execution of the purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of GRUPO AVEGAP , SL in order to constitute a means of proof of the transactions, respecting the reasonable security conditions, laws and current regulations that apply to it (in particular, the RGPD and LSSI-CE).
All purchase orders and/or reservations received by GRUPO AVEGAP, S.L. through the Website, are subject to their availability and/or to the fact that no circumstance or force majeure causes (clause nine of these Conditions) affect the supply of these and/or the provision of services. If difficulties arise in terms of availability, GRUPO AVEGAP, S.L. undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes impossible.
5- PAYMENT METHOD AND PRICES.
The prices shown on the Site Website are the final ones, in euros (€) and including taxes, unless, due to legal requirements, especially in relation to VAT, it is indicated differently.
In no case, the Website will add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen freely and voluntarily. Even so, prices may change at any time, but possible changes will not affect orders or purchases with respect to Users who have already received an order confirmation.
Referring to the means of payment , these will be: credit or debit card, and payment through PayPal account and Apple Pay. In the latter case, the user must independently accept the Paypal conditions of use (available through the following link: https://www.paypal.com/es/webapps/mpp/ua/useragreement-full).
The cards of credit will be subject to checks and authorizations by the issuing banking entities, if said entity does not authorize the payment, GRUPO AVEGAP, S.L. will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
The charge on the card will be made at the moment in which the confirmation of the shipment is sent to the User and/or confirmation of the service provided in the form and, if applicable, established place. In any case, by clicking on www.homieskits.com, the User confirms that the payment method is theirs and/or they are the legitimate holder of a gift card or subscription.
When the system receives the transfer, the order it will be prepared and managed for shipment.
Using the payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, GRUPO AVEGAP, S.L. will not be able to validate the order, which will therefore be cancelled.
Since it is a tangible product, the delivery will be physical. Therefore, it will be considered completed once the product is picked up by the courier company for delivery to the recipient.
In accordance with the provisions of Law 37/1992, of December 28, on Tax Regarding Value Added (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legalnt in force at all times depending on the specific article in question.
7- TECHNICAL MEANS TO CORRECT ERRORS.
The User is informed that in the event If you detect that an error has occurred when entering the necessary data to process your purchase request on the Website, you may modify them by contacting GRUPO AVEGAP, S.L. through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General Information ).
In any case, the User, before clicking on www.homieskits.com, has access to the space, cart, or basket where their purchase requests are written down and can make modifications. Similarly, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (hereinafter RGPD), as well as Organic Law 3/2018, of December 5, of Protection of Personal Data and guarantee of digital rights (hereinafter LOPD – GDD).
In the cases in which the User acquires products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:
- Right of Withdrawal: the user is informed User of the existence of the right to WITHDRAW from a contract for a maximum period of 14 calendar days s, without the need to indicate the reason and without incurring any cost, as reflected in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. Likewise, there are cases where the Right of Withdrawal is excepted, as provided in arts. 107.2 and 108 of RD 1/2001. Specifically, in the case at hand, in relation to the products marketed by GRUPO AVEGAP, S.L.
- In relation to cooked food marketed at www.homieskits.com, the exception established in Art.103, section d) of the aforementioned RD 1/2007 will apply:
The supply of goods that can deteriorate or expire quickly.
Thus, since the products that are delivered are cooked food and have an expiration date, THE RIGHT OF WITHDRAWAL IS EXCEPTED with respect to these. In other words, the User is informed of the existence of the right of withdrawal, but, in turn, by contracting the service and purchasing the products referred to in this section, ACCEPTS AND CONSENT that, once the dishes have been received, You will not be able to exercise the right of withdrawal, which implies that YOU WILL NOT BE ABLE TO RETURN THEM.
- In the event that the User acquires household products, the return policy so that you can consult how to make returns or exchanges on kitchenware products. li>
- In relation to cooked food marketed at www.homieskits.com, the exception established in Art.103, section d) of the aforementioned RD 1/2007 will apply:
- Guarantees: the User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product and/or service, responding GRUPO AVEGAP, S.L.
In this sense, it is understood that the products acts and/or services are in accordance with the contract provided that: they conform to the description made by GRUPO AVEGAP, S.L. and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it.
In the event that any of the products presents any anomaly, the User must inform www.homieskits.com within 24 hours.
9 – EXONERATION OF LIABILITY.
Unless otherwise provided by law, GRUPO AVEGAP, S.L. will not accept any responsibility for the following losses, regardless of their origin:
- Any losses that were not attributable to any breach on your part.
- Business losses (including profits loss, income, contracts, expected savings, data, loss of the comfundtrade or unnecessary expenses incurred).
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties. ul>
- GRUPO AVEGAP, S.L. applies all measures concerning providing a faithful display of the product on the Website, however, is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or other of this nature.
- Technical failures that, due to fortuitous causes or of another nature, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. AVEGAP GROUP, S.L. puts all the means at its disposal in order to carry out the purchase, payment and shipping/delivery process of the products, however, it disclaims responsibility for causes that are not attributable to it, fortuitous event or force majeure. li>
- In general, GRUPO AVEGAP, S.L. will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond our reasonable control, that is, that are due to force majeure, and this may include, by way of example, but not exhaustive:
- Strikes, lockouts or other protest measures.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, transportation of motor or other means of transportation, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority .
Likewise, GRUPO AVEGAP, S.L. also limits its liability in the following cases:
In this way, the Obligations will be suspended during the period in which the cause of force majeure continues, and GRUPO AVEGAP, S.L. will have an extension in the term to comply with them for a period of time equal to the duration of the cause of force majeure. AVEGAP GROUP, S.L. will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
10- WRITTEN COMMUNICATIONS AND NOTIFICATIONS.
By using this Website, the User accepts that most communications with GRUPO AVEGAP, S.L. are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that GRUPO AVEGAP, S.L. send electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with GRUPO AVEGAP, S.L. through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, GRUPO AVEGAP, S.L. can contact and/or notify the User by email or at the postal address provided.
No waiver by GRUPO AVEGAP, S.L. to a specific right or legal action or the lack of a requirement by GRUPO AVEGAP, S.L. The strict compliance by the User of any of its obligations will not imply, neither a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from the fulfillment of its obligations.
No waiver of GRUPO AVEGAP, SL to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity. nullity.
13- COMPLETE AGREEMENT.
These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and GRUPO AVEGAP , SL in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.
The User and GRUPOR AVEGAP, S.L. they acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14- DATA PROTECTION.< /strong>
The information or personal data that the User provides to (GRUPO AVEGAP, S.L. in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policies. By accessing, browsing and/or using the Website, the User consents to the treatment of said information and data and declares that all the information or data provided is true.
15- APPLICABLE LEGISLATION AND JURISDICTION.
Access, navigation and/or The use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, prob motto or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between GRUPO AVEGAP, S.L. and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16- COMPLAINTS AND CLAIMS.
The User can send GRUPO AVEGAP , SL his complaints, claims or any other comment that he wishes to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, GRUPO AVEGAP, S.L. has official claim forms available to consumers and users, and which they can request from GRUPO AVEGAP, S.L. at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if the conclusion of this purchase contract between GRUPO AVEGAP, S.L. and the User arises a dispute, the User as a consumer may request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matter. You can access this method through the website: http://ec.europa.eu/consumers/odr/.