GENERAL TERMS AND CONDITIONS OF USE OF THE REFOODLUTION, S.L. PLATFORM FOR CUSTOMERS
THE PLATFORM AND ITS PURPOSE
REFOODLUTION, S.L. (hereinafter, “REFOODLUTION”), domiciled in Anyós, La Massana (Principat d'Andorra), Urb. Oriosos, 56, C-5, with company registration number 17510, with business registration number 929466-J and with tax registration number 712622-J, operates a virtual platform of contents related to the digitalization of the establishments of the Horeca sector (hereinafter, the “Platform”), which is accessed through the website (hereinafter, “the Website”) whose domain name is https://refoodlution.com, which allows the use of the Platform by its users (hereinafter referred to jointly as “the Users” and individually as “the User”).
The purpose of the Platform is: (i) to offer a complete digitalization of the menus and menus of different establishments of the Horeca sector; (ii) to offer an optimal management of the declaration of allergens in accordance with Regulation (EU) 1169/2011; (iii) to offer an automated translation of the dishes (hereinafter, jointly “the Services” and individually “the Service”); the list of the Services that are offered at each moment for procurement (hereinafter, “the Procurement Service”).
With regard to the Acquisition Service, these terms and conditions complete and develop, as long as they are not opposed, the eventual terms and conditions that may be established for each of the Services that the Users may acquire, including terms and conditions related to the characteristics and use of the Services, to cancellations or suspensions of Services, to claims, and privacy and cookie policies, all of which must be accepted by Users and may be subsequently recalled during the purchase process of the Services, in the corresponding electronic purchase order relative to each selected Product (hereinafter, “the Purchase Order”) and if necessary also in each of the confirmations to each Purchase Order (hereinafter, “the Purchase Confirmation”).
Furthermore, we inform you that, for any questions regarding the Platform and/or the use of the Platform and/or the Services, REFOODLUTION has at your disposal the contact e-mail address [email protected].
ADHESION TO TERMS AND CONDITIONS
REFOODLUTION requests Users to carefully read these terms and conditions, as well as those established in the privacy and cookie policies of the Platform for the use of the Platform and the Services (hereinafter, jointly, “the Terms and Conditions”). In any case, access to the Platform, and the use of the Services, implies full and unreserved adherence to the Terms and Conditions.
Therefore, by accessing the Platform, the User declares to have read and understood what is established in the Terms and Conditions, and accepts to comply with them without reservations.
In the event that a potential User does not agree with any of the issues set forth in the Terms and Conditions, he/she shall not access or make use of the Platform or the Services.
RESERVATION OF THE POWER TO MODIFY THE TERMS AND CONDITIONS
REFOODLUTION reserves the right to carry out, without prior notice, at any time and with immediate effect, the modifications and periodic updates that it considers appropriate in the Terms and Conditions.
Therefore, without prejudice that REFOODLUTION may inform Users of these changes by means of, among others, notifications by e-mail or other communication channels established for this purpose, REFOODLUTION recommends Users to review the Terms and Conditions periodically.
INTELLECTUAL PROPERTY, INDUSTRIAL PROPERTY, AND RIGHTS AND POSITIONS OF ANALYSIS ECONOMIC CONTINGENT, AND LICENSE TO USE THE PLATFORM
Definition of the term “continguts”:
When the Terms and Conditions refer to “contents”, it refers to all the contents that make up the Platform and the Services, including, among others, the font code, design and navigation structure of the Website, as well as the distinctive signs, texts, videos, photographs, data, databases and other contents that are displayed on the Platform.
Rights and legal positions on contents provided by REFOODLUTION:
The contents published and provided by REFOODLUTION are subject to copyright, trademark rights, patent rights, image rights and/or other legal rights or positions of an economic nature which are owned by REFOODLUTION or by third parties who have granted the corresponding licenses or authorizations. Thus, the access to the Platform and the use of the Services do not confer to the Users any ownership or right of use in relation to the mentioned contents (by means of, among others, their reproduction, distribution, public communication, making available to the public or transformation), provided that REFOODLUTION or the third party owners of the rights or legal positions involved authorize it, either by indicating it or allowing it expressly in relation to specific contents or by means of the previous granting of licenses or authorizations formalized in writing.
Consequently, REFOODLUTION reserves the right to use watermarks, technological devices and/or other means that allow the tracking and/or on-line monitoring of the unauthorized uses of the aforementioned contents. In any case, REFOODLUTION reserves the right to bring the corresponding legal actions against Users who infringe the aforementioned copyrights, trademark rights, patent rights, image rights and/or other legal rights or positions of an economic nature.
In case any User considers that any of the contents violates his/her own and/or third parties“ rights or legal positions, he/she can notify REFOODLUTION through the contact email address indicated in the section ”The Platform and its purpose", so that the Platform can analyze and evaluate the case in question.
License to use the Platform:
REFOODLUTION grants Users a non-exclusive, personal and non-transferable license to use the Platform and the Services it offers, as well as the information, data and other content contained therein, on a strictly personal basis, in accordance with the Terms and Conditions, and in particular, in accordance with the purpose of the Platform and the Services (hereinafter, “the License”). The price of the License will depend on the type of subscription chosen by each User.
Any other exploitation or use of the Platform, of the Services, and/or of the information, data or other contents contained therein, are explicitly excluded from the scope of the License and can only be carried out once the previous written authorization of REFOODLUTION and/or of the eventual third party holder of the rights and/or of the legal positions that may be obtained.
The duration of the License is determined by REFOODLUTION and according to the subscription modality chosen by each User, although REFOODLUTION has the right to revoke it at any time. In this sense, REFOODLUTION may, temporarily or definitively, interrupt the access to the Platform and the Services, in case REFOODLUTION is not able or does not want to continue exploiting the Platform, without the need of a specific reason to this effect; in these cases, the access of the Users to the Platform will be cancelled immediately without any type of responsibility to REFOODLUTION.
USE OF THE PLATFORM
The User declares that he/she has the necessary legal capacity to bind him/herself by means of the Terms and Conditions, which he/she declares to understand and accept in their entirety. Persons under 18 years of age, but 16 years of age or older, may use the Platform and the Services; however, since these minors cannot legally be holders of means of payment, they may not use the Acquisition Service and may only be Users if they obtain the consent of their parents or legal guardians, who will also be obliged to accept the use of the Platform and the Services, will also be obliged to supervise their activity and be responsible for certain aspects, especially regarding the fraudulent use of payment methods and the established privacy and cookie policies.
By accessing the Platform and/or enjoying the Services, the User agrees, by way of example and without limitation, to the following:
(a) Use the Platform, and use the Services, in accordance with the Terms and Conditions, as well as in accordance with the provisions of the law, morality, public order, good faith and good customs.
(b) Not to infringe the proprietary rights, including intellectual and industrial property rights and other rights and/or legal positions of REFOODLUTION, its suppliers and/or other third parties.
(c) Not to deviate or attempt to deviate any functionality of the Platform or the Services from their normal uses as defined in the Terms and Conditions.
(d) Not to disseminate any data, information and/or other content that has the effect of diminishing, interrupting or impeding the normal use of the Platform and/or the Services, or interrupting and/or diminishing the normal flow of communications.
(e) Not to make any false or fraudulent Purchase Order. In the event that REFOODLUTION becomes aware that the User is making false or fraudulent orders, REFOODLUTION reserves the right to inform the authorities and to initiate any legal action it deems appropriate, without prejudice to any other legal action that may correspond to REFOODLUTION and/or other third parties that may be affected.
Thus, in general, Users must use the Platform and Services appropriately, and must not do so to carry out illegal activities that, among other things, constitute a crime, infringe the rights of other individuals or legal entities, or otherwise violate any rule of applicable law.
REFOODLUTION SERVICES PROCUREMENT SERVICE
Contracting procedure and moment of perfection of the purchase contract
In accordance with the established in the Andorran legislation in force regarding contracts in the digital space and consumer protection, REFOODLUTION informs the Users, regarding the sale of Services carried out by REFOODLUTION, that:
- The steps to subscribe the contract of sale of the Services are, consecutively, the following:
(a) The User must select the “Contract” option that appears in the display of the Service he/she wishes to acquire.
(b) If this is the first time that a User acquires a Service, the User must register as a User, including the creation of a User account, for which the User must follow the instructions provided, which include that the User provides the personal data requested during the process (such as, for example, the User's name, postal address, email address and password) and expressly accepts the Terms of Service, by way of example, name and surname, postal address, e-mail address and password), and expressly accepts the Terms and Conditions, after which the account will be activated. Once the account has been activated, the User will have the information related to it in their profile on the Platform. During the creation of their account, the User will also be able to manage their subscription, in the “Settings” section, “Payment details”, where they can pre-establish the payment method, from among those offered, that they wish to use on a recurring basis to make their purchases, which they can modify whenever they wish to do so. In any case, the User will have the means to carry out modifications in the data and information contained in his account.
(c) The User must then follow the instructions provided to complete the purchase, which will include, prior to proceeding to payment, a visualization of the Purchase Order, called “purchase result”, with the price duly broken down in accordance with the requirements of the legislation in force at any given time. In this respect, all Purchase Orders are subject to the availability of the Services concerned.
(d) Next, the User must verify the accuracy of the information on the Purchase Order and the data of his/her order and, if he/she agrees, finally select the “Pay” option and then the “Authorize Payment” option.
The price will be paid exclusively by the means of payment offered by REFOODLUTION.
Payment will be made through a direct debit or online payment service, to which the Platform itself will redirect the User once all the steps have been completed and the User has selected the “Authorize Payment” option.
The service of payment by credit and/or debit card will be provided directly by the issuing entity and, if applicable, the corresponding credit entity. The charge to the credit and/or debit card of the User will be simultaneous to the sending of the Purchase Confirmation and the simplified invoice.
REFOODLUTION excludes all responsibility in relation to the violation by third parties of the confidentiality and security of the information and data provided by the User when paying for their electronic purchases by credit and/or debit card when such violations are beyond their control, to the extent that the processing of such information and data is not under the exclusive control of REFOODLUTION.
When the amount of a purchase is charged fraudulently or undoubtedly, using the number of a payment card, the holder will be able to demand the cancellation of the charge as long as the cancellation has been made in accordance with the conditions established by the issuing entity and/or the credit entity responsible for the credit and/or debit card, and if applicable, the insurances related to the card in question. In this case, the corresponding annotations of indebtedness and reimbursement to the accounts of REFOODLUTION and of the holder will be made as soon as possible. Notwithstanding the above, if the purchase has been effectively made by the holder of the credit and/or debit card and, therefore, the latter has undoubtedly demanded the cancellation of the corresponding charge, the User will be obliged before REFOODLUTION to reimburse the damages caused as a consequence of the said cancellation.
(e) Once the payment has been made successfully, and the User receives the Purchase Confirmation and the invoice, which in any case will be issued by REFOODLUTION and simplified, the purchase contract of the Service in question will be considered formalized. Both the Purchase Confirmation and the invoice will be at the User's disposal and REFOODLUTION can also send them by e-mail.
(f) The delivery of the Service will be made by making it available to the User in his/her profile on the Platform or by sending it by e-mail.
At the moment of delivery of the Service, the User must verify that the Service complies with the Purchase Order.
In case the User identifies that the purchased Service does not comply with the one foreseen in the Purchase Order, he will have to inform REFOODLUTION at the moment of its reception in order to proceed with the amendment.
The risks of the Services will be borne by the User from the moment of its delivery. The User will acquire the Service when REFOODLUTION receives the complete payment of the price of the Service.
- The purchase contract (i.e. the different documents that comprise it, such as, among other possible, the Terms and Conditions, the Purchase Order, the Purchase Confirmation and the invoice) may be formalized in Catalan, Spanish, French or English.
- The documentation, data and information related to each purchase contract will be stored by REFOODLUTION for 5 years, and can be resent by email to the User, upon written request of the User, addressed to the email address indicated in the section “The Platform and its purpose” for the referred 5 year period.
- The information contained in the Platform, in general, does not constitute an offer of sale by REFOODLUTION, but an invitation to the User to make use of the services offered by the Platform and to acquire, in its case, Services.
There will not exist any purchase contract between REFOODLUTION and the User in relation to any Service until the Purchase Order has been expressly accepted by REFOODLUTION, by means of the sending of the Purchase Confirmation and the invoice. Therefore, it is reminded that the formalization of the purchase contract between REFOODLUTION and the User will only take place when REFOODLUTION sends the Purchase Confirmation and the invoice to the User.
In case the Purchase Order is not accepted by REFOODLUTION, and any amount has been charged to the User, this amount will be immediately refunded in its totality without any recourse.
Comunicacions
All communication between the User and REFOODLUTION related to a specific Purchase Order can be made, as far as REFOODLUTION is concerned, by the means of contact indicated in the section “The Platform and its purpose”, and as far as the Users are concerned, by the means of communication that in their case they have indicated when activating their account.
Claims
The User will be able to present his/her complaints to REFOODLUTION through the contact means indicated in the section “The Platform and its purpose”. Likewise, the User will be able to present his/her complaints to the Trade and Consumer Unit of the Government of Andorra through the form that can be found in this link:
http://www.comerc.ad/images/stories/PDFs/reclamacio_consum.pdfhttp://www.comerc.ad/images/stories/PDFs/reclamacio_consum.pdf.
This form must be presented in person at the Prat del Rull building located at Camí de la Grau, 4th floor, AD500 Andorra la Vella.
Responsabilitat
Unless otherwise expressly provided for in the legislation in force at any given moment that is applicable, the responsibility in relation to any Service purchased from the Platform will be limited to the purchase price of the referred product, and in no case REFOODLUTION will respond for any possible indirect damages caused to the User, nor for the profit incurred.
However, all the rights guaranteed to consumers by the Andorran legislation in force are guaranteed.
Without prejudice to the above, in case REFOODLUTION eventually intervenes as an intermediary in the sale of Services owned by other suppliers, any claim related to these Services will have to be addressed to the third supplier.
Força major
In cases of force majeure, REFOODLUTION will not be responsible for damages or prejudices derived from the non-compliance of the Terms and Conditions, and specially, from the delay in the delivery of a Service.
Force majeure causes include, among others, any act or event beyond the reasonable control of REFOODLUTION, of the eventual third party suppliers of products or services through the Platform and/or of the Users, including, but not limited to, general or sectorial damages that affect the delivery of the products or services, fires or robberies at the facilities of REFOODLUTION and/or third party suppliers that affect the Services, political or economic disorders, sanitary emergency situations, epidemics and pandemics, or other unstable situations that affect the security and the impossibility of respecting the Terms and Conditions.
NEWSLETTERS
If you are a registered user, if you access your profile, you may have a section called “Subscriptions to Newsletters” that allows you to manage your registration or unsubscription in distribution lists of commercial information related to the Services. By subscribing to the Newsletters, the User expressly consents to receive this commercial information.
EXCLUSION RIGHT
REFOODLUTION reserves the right to deny or suspend, without prior notice and in a discretionary manner, at any moment and with a definitive or temporary character, the access to the Platform and to the Services to the Users who do not comply with the Terms and Conditions. This power of REFOODLUTION is without right to any compensation for damages on behalf of the Users and without prejudice of the eventual legal actions that REFOODLUTION may initiate against them.
RESPONSABILITAT
User Responsibility
Users will use the Platform and the Services it offers under their sole and sole responsibility.
All devices and operating systems, among other technological means, that Users use to access the Platform and Services are their sole responsibility. Therefore, it is the responsibility of Users to take all appropriate and necessary measures to protect their own devices, operating systems and the like from, among other things, contamination by viruses.
Responsibility of REFOODLUTION
REFOODLUTION is not responsible for any damages or other consequences arising from:
- The unavailability of the Platform and/or the Services due to technical, security, control, updating or maintenance reasons, or due to errors due to servers or third party intermediaries or suppliers.
- Computer programs, viruses or other elements beyond your control.
- Information, data and/or other content displayed on the Platform and provided to REFOODLUTION by third parties. Likewise, the User acknowledges and accepts that REFOODLUTION is not responsible for the lack of quality, reliability, accuracy and truthfulness of the information, data and/or other content provided by third parties, nor for the lack of quality and/or lack of conformity and/or non-supply of Services and/or conflicts with the guarantee of the Services provided by such third parties; in these cases, REFOODLUTION is not responsible in any case, including the case in which it carries out the sale as an intermediary of third party Services, as it has already been indicated in the sub-section of “responsibility included in the section “Service of purchase of services from REFOODLUTION”.
Likewise, the Platform may include technical linking devices, directories or even search tools that allow Users to access other websites (hereinafter, jointly “Linked Sites” and individually “Linked Site”), such as third party websites. The User acknowledges and accepts that access to the Linked Sites shall be at the User's sole risk and responsibility and exonerates REFOODLUTION from any responsibility for, among others, possible infringements of rights or legal positions of third parties, the technical availability of the linked sites, the quality, reliability, accuracy and truthfulness of the information, data and other content provided therein, and the quality and/or eventual lack of conformity and/or non-delivery and/or guarantee of any products or services acquired through them. In this respect, if the User considers that there is a Linked Site with illicit or inadequate contents, and/or that it offers information and/or products or services without sufficient guarantees, he/she can communicate this to REFOODLUTION so that the latter can evaluate and analyze the case in question, without any of these communications entailing for REFOODLUTION the obligation to remove the aforementioned link.
REFOODLUTION can, temporarily or definitively, interrupt the access to the Platform and to the Services in case it is not able or simply does not want to continue exploiting the Platform; in these cases, the access of the Users will be cancelled immediately without them being able to demand any type of responsibility to REFOODLUTION.
Likewise, REFOODLUTION reserves the right, at any time and without prior notice to users, to modify any data, information or other content on the Platform, to update or correct errors or inaccuracies, as well as to update the web application and carry out tasks related to its maintenance.
Provided that it does not contradict what is established by the applicable legislation, in the event that, notwithstanding the above limitation of liability, REFOODLUTION is eventually held liable for damages, REFOODLUTION's liability will be limited to certain, real and concrete damages.
In cases of force majeure, REFOODLUTION is not responsible for any damage or prejudice derived from the non-compliance of the Terms and Conditions. Force majeure causes include, among others, any act or event beyond the reasonable control of REFOODLUTION, or of the eventual third party suppliers of products or services and/or of the Users, including, but not limited to, general or sectorial damages that affect the delivery of the Services, fires or robberies to REFOODLUTION facilities and/or third party suppliers that affect the Services, political or economic disorders, sanitary emergency situations, epidemics and pandemics, or other unstable situations that affect the security and the impossibility to respect the Terms and Conditions.
In any case, REFOODLUTION is not responsible for any damages or other consequences derived from the non-compliance of the Terms and Conditions by the Users.
CESSION OF RIGHTS AND OBLIGATIONS ON THE PART OF REFOODLUTION
The User accepts that REFOODLUTION may assign or transfer in any way all or part of its rights and obligations in relation to the operation of the Platform, including its rights and obligations vis-à-vis the Users, to any entity capable of carrying out this operation.
In such case, the assignee will replace REFOODLUTION and the latter will be released from all its obligations to the User from the date of the assignment; thus, the User accepts that, in such case, the assignee will become the supplier of the Platform from the referred date.
PARTIAL NULLITY
If any provision included in the Terms and Conditions is declared null and void by a final resolution issued by a competent authority, the remaining provisions shall remain in force, without being affected by the said declaration of nullity.
APPLICABLE LAW AND JURISDICTION
The Terms and Conditions are governed by Andorran law.
The Users are subject to the jurisdiction of the Andorran civil law, with express waiver of any other jurisdiction that, in accordance with the law, may correspond to them.
The foregoing is without prejudice that, due to a User's status as a consumer, other legislation and/or jurisdiction may be applicable by law.
Last update: 6 August 2022