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1.1. These General Conditions of Purchase are entered into by GASTRONET SOLUTIONS, S.L., with tax ID B87294427 and address at Calle La Granja 30, Oficina 3.8 Madrid - 28108 (hereinafter, GASTRONET), owner of the website called mentta (hereinafter, mentta or the App, without distinction), and the Buyer, understood as the user of mentta who completes all the steps on the App for the purchase of any product offered thereon, including the acceptance of these General Conditions of Purchase.
1.2. GASTRONET operates in the market as an intermediary in financial transactions between the Buyer, or User, and the Seller, understood as the natural person or legal entity with whom GASTRONET has reached a commercial agreement that allows the Seller to offer products for sale on the App. In addition, these Conditions affect the Seller or Sellers who have published on mentta the products comprising the Buyer's order.
The purpose of these Conditions is to govern the acquisition of products by the Buyer on mentta from among those offered on the App by Sellers registered on the App.
3.1. It is understood that the Buyer accepts these General Conditions of Purchase without reservation when he or she checks the “accept” checkbox at the end of the purchasing process.
3.2. These General Conditions of Purchase must be supplemented with the Particular Conditions imposed by each Seller for the purchase of each one of the products offered, which are understood to be accepted along with them. There will be as many applicable Particular Conditions as there are products ordered by the Buyer.
3.3. The Particular Conditions for each product are shown before finalising the purchase and accepting these Conditions may include but is not limited to: the name and description of the product, the price, the shipping method and shipping charges, the conditions for cancelling the purchase of the product, the contractual warranties and the after-sales services, etc.
4.1. Information about the Sellers and about the products offered by them is published by the Sellers directly.
4.2. GASTRONET strives to ensure that all information published on mentta is real and precise, because all Sellers have the express obligation to show the characteristics and properties of the products that are offered in a real and precise way, without deceiving or confusing the Buyer.
4.3. Consequently, GASTRONET declines any liability for the information published on mentta by Sellers and any claims should be addressed to the Sellers directly. However, if any error or inaccuracy is detected, please contact us using the contact form(click here) or by telephone +34 672 11 02 15.
4.4. The prices on mentta are set by the Sellers and are shown in EUROS. They include VAT and any other applicable taxes, although tax information may vary. The prices shown on mentta do not include shipping costs, which will be shown during the purchasing process, before payment, based on the information published by the Sellers.
4.5. mentta undertakes not to allow any transaction that is illegal or that is considered by the credit card companies or the bank to have the potential to damage their goodwill or have a negative impact on them. The following activities are prohibited under the card programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.
5.1. The Buyer shall:
a. Browse mentta and add the products he or she wishes purchase to the
shopping cart.
b. Go to the shopping cart and verify that he or she wishes to purchase the
products in the cart.
c. Include the shipping address where the user wishes to receive the order or
select it from the addresses already on file and confirm.
d. Select the method of payment and, upon acceptance of these Conditions, pay.
At present, the only payment method available is card payment via the Internet.
of mentta.
e. Once the payment is complete, the Buyer will receive confirmation of
acceptance by GASTRONET and payment confirmation.
f. Orders will be received by the dates indicated by each Seller in the Particular
Conditions for each product in the order. Different products that are part of the
same order may be received on different days, since both the Sellers and the
Particular Conditions could also be different.
5.2. The invoice(s) will be sent to the Buyer by each Seller for the price of the product(s) shipped by each one. By accepting these Conditions, the Buyer agrees that the Sellers of the products making up his or her order may send electronic invoices.
6.1. The Buyer is hereby informed by GASTRONET, in the event that the Byer was not informed by the Seller in the Particular Conditions of his or her right to withdrawal from the purchase or was told that no such right exists, that in most cases he or she has fourteen natural days from the date on which the last product is received to cancel the purchase of one or more items without having to give a reason.
Likewise, the right of withdrawal regulated in this section may only be exercised in those cases where it is permitted by law and only in respect of products purchased on the platform, according to the specifications set forth in these Terms and Conditions. According to Article 103 of Legislative Royal Decree 1/2007 of 16 November which approved the consolidated text of the Consumers and Users Defence Act, the right of withdrawal does not apply to purchases of perishable goods that can deteriorate or expire rapidly.
6.2. To do so, you must inform the Seller before the stated deadline by sending the form contained in the Conditions, filled in with your data, or some other notification stating unequivocally that you wish to exercise your right of withdrawal from the contract and the products affected by the withdrawal.
6.3. Exercising your right of withdrawal means that the Seller has 14 calendar days after the date on which it is informed that you are exercising your right of withdrawal to issue a refund (back to the payment method used for payment, unless otherwise indicated by the Buyer) of the amounts paid for the product(s) from which you are withdrawing, free of charge (except for the additional costs resulting from the Buyer's choice of a delivery method other than the least expensive method of ordinary delivery offered by the Seller).
6.4. Once the Buyer has exercised his or her right of withdrawal, the product(s) in question must be returned to the Seller no later than 14 calendar days after the notification date of the decision to withdraw. The Buyer shall bear the direct costs of returning the goods. The products must be returned in the same condition in which they were received.
Without prejudice to Seller’s indications, the Buyer is hereby informed by GASTRONET that he or she has a two-year legal warranty from the delivery date according to Legislative Royal Decree 1/2007 of 16 November which approved the Consolidated Text of the Consumers and Users Defence Act and other ancillary laws.
8.1. The Buyer’s main obligation is to pay GASTRONET the price of the products he or she orders according to these Conditions.
8.2. The Buyer must also pay the shipping costs of each product, which will be indicated by the Seller during the purchasing process.
8.3. Generally speaking, the Buyer is obligated to act in good faith in his or her dealings with GASTRONET and with each Seller from which he or she purchases products through mentta.
8.4. The following activities are explicitly prohibited:
- Sales of alcoholic beverages to persons under 18 years of age.
9.1. When a Buyer receives an order, the Buyer's user profile on mentta will be
enabled so that the Buyer can review the Seller and the products purchased
from the Seller. In particular, the Buyer will be able to rate:
a. Overall satisfaction with the purchase.
b. Quality.
c. Price.
d. Where applicable, flavour.
9.2. When a Buyer reviews a Seller, the Buyer shall:
a. Respect the applicable laws and generally accepted customary practices,
the public order and these or any other Conditions that may apply.
b. Issue only lawful and truthful opinions and comments, adjusted to the subject
matter and content of each article.
c. grant to GASTRONET as broad a licence as may be required by law for the
publication of texts on the Internet.
d. Abstain from adding links to third parties that contain any of the previous
contents, illegal, deceitful or disloyal publicity, viruses, Trojans or any other
materials or software that could damage or alter the operation of computer
equipment or systems.
e. Refrain from sending defamatory, libellous, offensive, insulting, racist,
obscene, threatening or discriminatory content or links; as well as commercial,
promotional or advertising content.
f. Assume any liability derived from leaving a comment or review of a Seller or
its products, holding GASTRONET completely harmless in this regard.
g. Refrain from using the review system to unjustifiably and in bad faith favour
or prejudice a Seller.
9.3. GASTRONET does not supervise buyers’ comments or reviews, although it reserves the right to eliminate them, total or partially, if it becomes aware of any violation of the rules stated above or if required by the authorities to do so.
10.1. GASTRONET provides you with the contact form(click here) a The Commission shall be invited to forward, through the Commission, any claims or complaints that it may have in respect of the relationship to a Vendor, to mentta or to GASTRONET.
10.2. GASTRONET will process the Buyer's requests, replying as soon as possible, within the following time limits the possibilities. Although GASTRONET cannot guarantee its satisfaction, it will be The Commission shall make every effort to attend to it.
10.3. As established in article 40.5 of law 7/2017, of November 2, which incorporates Directive 2013/11/EU, of the European Parliament and of the Council, of May 21, 2013, into the Spanish legal system, regarding the alternative resolution of consumer disputes:
"The businessman who enters into contracts for the sale or provision of services online, as well as electronic commerce platforms or online markets, must include on their website a link that allows identifiable and easy access to the dispute resolution platform. online of the European Union referred to in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013."
Online dispute resolution | European Commission
11.1. GASTRONET makes its best efforts to ensure that mentta is available for the purpose of properly formalising all transactions of interest to the Buyer. However, it does not guarantee that the purchase of products can be completed in at all times, since, due to circumstances beyond the control of GASTRONET, the availability of mentta and its operation may be compromised.
11.2. GASTRONET acts as a mere intermediary between the Buyer and the Seller. In this
GASTRONET declines all responsibility with regard to:
a. The quality, conformity and usefulness of the services provided or goods received.
b. The correct reception of the goods ordered.
(c) personal injury or damage to property arising out of the enjoyment of the
services or the use of goods.
11.3. The Buyer shall be solely liable for any damages arising as a result of the following as a result of having made errors during the purchasing process or of not complying with the any requirements set forth herein or set forth in the Special Conditions imposed by the Sellers, or contained in any other terms and conditions that may be imposed by the Sellers, or contained in any other terms and conditions that may be imposed by the Sellers. applicable.
11.4. The Buyer acknowledges and agrees that any photographs displayed by the Sellers in mentta are exemplary, so that the goods or services may not correspond in full to the images shown in mentta.
11.5. In any case, the responsibility that GASTRONET assumes towards the Buyer for The maximum amount of any such compensation shall in no case include loss of profit and shall in any event be limited to the maximum and for any one year. The total amount received by GASTRONET shall be added to the total amount received by GASTRONET.
12.1. Any breach of these General Conditions of Purchase on the part of the Buyer may cause GASTRONET damages. If this should occur, any kind of losses and costs (such as lawyers' and solicitors' fees), the Buyer shall be obliged to compensate GASTRONET.
12.2. Likewise, if due to the Purchaser's breaches of contract, any type of claims or proceedings against GASTRONET, it shall hold GASTRONET harmless, and may be liable to GASTRONET for any damages that it may suffer as a result of such claims or proceedings. claimed any expenses, costs, damages or losses arising from its actions.
mentta has a Privacy Policy which you can read by clicking here
14.1. The language applicable to these General Terms and Conditions of Purchase and in which these General Terms and Conditions of Purchase shall be formalised is Spanish. If versions of such Conditions have been offered in other languages, it has been in the Spanish language. The Buyer agrees that the information contained in this document is for the Buyer's convenience only, and the Buyer expressly agrees that any such information shall not be used for any purpose other than as a courtesy to the Buyer. The Spanish version shall apply.
14.2. If there is any inconsistency between what is stated in the Spanish version of such Conditions and what your translation says, in any case the Spanish version shall prevail.
15.1. Existing Special Conditions constitute a single agreement between the Purchaser and GASTRONET.
15.2. In the event that any provision of these Terms and Conditions is deemed to be a breach of any provision of these Terms and Conditions, the parties shall be bound by it. illegal, unlawful, uninvited in such a way that it can be interpreted as enforceable and effective in the most expedient way possible The original intention of the provision.
15.3. Failure to enforce strict compliance with any of the terms of these Conditions, does not imply and cannot be construed as a waiver by GASTRONET to to enforce it in its strict terms in the future.
15.4. The declaration of invalidity of one or more of the clauses set out in these General Conditions of Purchase by a competent authority shall not affect the validity of the remaining clauses.
15.5. If substitution becomes impossible and the clause is essential to the Conditions, the customer shall be entitled to a replacement. General Conditions of Purchase, at the discretion of the party aggrieved by the deletion of the General Conditions of Purchase, the party may choose to the resolution of the Conditions.
16.1. The relations between GASTRONET and the Purchasers are governed by the legislation and jurisdiction espa& ntilde;olas.
16.2. GASTRONET and the Purchaser, with express waiver of any other jurisdiction that may be applicable to them. to the Courts and Tribunals of the Buyer's domicile in order to the resolution of disputes relating to these General Conditions of Purchase and any of the other terms and conditions of this Agreement. its Particular Conditions. In the event that the Purchaser is domiciled outside of Spain, GASTRONET and the Purchaser agree to submit, expressly waiving any other jurisdiction, to the courts and tribunals of Spain.
