General Conditions of Use and Purchase

1. Introduction

This document sets out the conditions of access and use of the website “www.islasicilia.es” and the purchase and sale of products and/or services carried out on it.

The user must read these Terms, the Cookie Policy and the Privacy Policy carefully before using the services provided on this page.

If you use this page or carry out any transaction through it, you are giving your consent and accepting these Terms and the Data Protection Policy. If, after reading these terms, you do not agree with them or with the use that will be made of your personal data, you must not use the services provided by this website.

The responsible entity reserves the right to modify these general conditions. The user must read them periodically as they may be modified at any time. The conditions that will apply are those displayed at the time of the purchase and sale.

For any questions or clarification regarding the content of these terms and conditions, you can contact us using the telephone numbers and contact addresses provided.

2. Identification of the parties

On the one hand, the supplier of the requested goods and/or services is:

• Company name: PALLAPIZZA SL
• VAT number: B71393870
• Registered Office: Calle Río Alzania, 29, 2nd Floor, Office 16, 31006 Pamplona (Navarra)
• Companies House: Navarra, Sheet NA-39335, Folio 44, Volume 1974, Section -8
• Telephone: 948 84 15 25
• Email: admin@islasicilia.es

On the other hand, the registered user on the website by means of a user code and a password, for which they have full responsibility for use and custody, being responsible for the veracity of the personal data provided to PALLAPIZZA. The user undertakes, when using the website and/or making orders or other operations, to:

• Use the website solely for making legally valid enquiries or orders.
• Do not place false or fraudulent orders.
• Provide and keep up to date all necessary contact details. If you do not provide us with all the mandatory information, we will not be able to process your request. By placing an order, the user declares that they are over 18 years of age and have the legal capacity to enter into contracts.

3. Purpose of these general conditions

These general conditions are intended to regulate the contractual sales relationship established between PALLAPIZZA and the user at the moment the latter accepts them during the online contracting process by ticking the corresponding box, entering the requested details and making the payment.

The contractual relationship of sale and purchase entails the delivery of a specific product or service in exchange for a set price publicly displayed via the website.

4. Contracting procedure. How to place an order

To access the services offered by PALLAPIZZA, the user must complete the requested fields, freely and voluntarily providing the required personal data.

Please be advised that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow these steps:

• Select the products you wish to purchase. Each selected product is automatically added to the shopping basket.
• Once the product(s) to be purchased have been selected, an order summary with all the selected products will be displayed on the “shopping basket” screen. If you have a discount voucher, tick the corresponding box.
• Identification: enter your personal details (mandatory fields: first and last name or alias, telephone number and postal address if home delivery is the chosen option).
• Delivery charges: free for certain amounts. In any case, they are specified for each order; please read the relevant section.
• To continue, please accept the terms and conditions of sale and click «Next».
• Payment method: by card or other electronic means. Our system guarantees the security of the transaction.
• Order confirmation: once the order has been validated, we will send you a confirmation email. Our system records the date and content of the order, which remains subject to subsequent verification by our services to check its conformity with the description of the product offered at the time the order was placed.

Service availability: the items offered through this website are only available for delivery within a 5 km radius around each of our establishments.

5. Delivery of orders

There are two methods: collection in-store and home delivery.

Orders shall be delivered to the delivery address freely designated by the user. PALLAPIZZA accepts no liability whatsoever if the delivery of the product or service cannot be carried out as a result of the details provided by the user being false, inaccurate or incomplete, or if the delivery cannot be effected due to circumstances beyond the control of the delivery company assigned for that purpose, such as the absence of the recipient.

Upon delivery, it is advisable to check that everything is in accordance with your order and in perfect condition. If you do not agree with the items delivered or their condition, sign and state the anomalies you found upon receipt, reporting the issue by telephone.

Delivery shall be deemed to have taken place at the time the order is handed over to the purchaser or to a third party designated by them, which shall be evidenced by the signature on the delivery receipt at the delivery address requested by the purchaser.

Some of our premises have a dining area or terrace.

6. Price

The price of the products will be that stipulated at the time of purchase on our website, except in the case of manifest error. Although we try to ensure that all prices shown on the website are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and any amounts paid will be refunded to you in full. We are not obliged to supply you with any product at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the pricing error is obvious and unequivocal and could have reasonably been recognised by you as an incorrect price.

The prices applicable to each product will be those published on the website and applied automatically by the contracting process in the final phase thereof. All prices published on the web, barring omission or typographical or computer error, are valid and include the corresponding VAT.

The prices on the website include VAT, and include shipping costs only for certain amounts, which are added to the total amount due.

Prices may change at any time, but changes will not affect confirmed orders.

7. Delivery charges

Packaging and shipping costs are applied automatically at the checkout, depending on the shipping method you choose and the purchase amount.

The products offered on this service are intended for final consumers under the terms and conditions provided for by the Retail Trade Act. Accordingly, any purchase request outside the parameters of an average consumer and/or bulk order requests from the same buyer and/or recipient may not be fulfilled.

8. Payment methods

PALLAPIZZA offers you the possibility of payment by card. Your order will not be taken into account and will not be processed until the payment has been authorised by your bank or building society. Online payment by credit card is made through a bank payment platform. In this case, you will be asked for or required to provide additional details in order for your purchase to be accepted.

The order will be processed as soon as the payment is received in our system. You will receive a confirmation email or other equivalent electronic means.

9. Value Added Tax and invoicing

The rate of VAT applicable will be that legally in force for each product or service.

10. Returns policy. Right of withdrawal

If you are contracting as a final consumer and not as a trader or business owner, you have the right to withdraw from this contract within 14 calendar days without giving any reason.

The cancellation period will expire after 14 calendar days from the day on which you, or a third party indicated by you other than the carrier, acquires physical possession of the goods, that is, from when they were delivered to you.

To exercise the right of withdrawal, you must send us written communication via the contact addresses indicated above. You may use the model withdrawal form attached as an annex to these Terms, or send us a written statement containing at least the information necessary for the correct identification of the order.

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Once the goods have been received in our warehouses, and following inspection of their condition, a refund of the amount paid and the delivery costs will be processed, using the same payment method as that used by the customer and, in any event, within a maximum period of 14 calendar days from receipt of the returned goods. The direct cost of returning the goods or service shall be borne by the customer, as set out in the General Law for the Defence of Consumers and Users (LGCU).

There are exceptions to the right of withdrawal. Returns will not apply to:

• The supply of goods made to the consumer and user's specifications or clearly personalised.
• The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery (for example, foodstuffs).

A cancellation form is available as an annex to these general conditions.

11. Liability and disclaimer of liability

PALLAPIZZA’s liability in connection with any product purchased on this website shall be strictly limited to the purchase price of said product.

All product descriptions, information and materials appearing on this website are provided “as seen” and without any express or implicit warranties regarding them, except those legally established. In this sense, if you contract as a consumer and user, PALLAPIZZA undertakes to deliver items that are in conformity with the contract, being liable to you for any lack of conformity that exists at the time of delivery of the product. It shall be understood that the products are in conformity with the contract provided that:

• Conform to the description provided by us and possess the qualities that we have presented on this website.
• Be fit for the purposes for which products of the same type are ordinarily used.
• They exhibit the usual quality and features reasonably to be expected of a product of the same type.

12. Guarantee

Regarding product guarantees, Royal Legislative Decree 1/2007 of 16 November grants goods of a durable nature a legal guarantee of 2 years from the date of delivery. The consumer and user must inform the seller of the lack of conformity within a period of two months from becoming aware of it.

Deficiencies caused by negligence, knocks, improper use or handling, unsuitable voltage, incorrect installation not carried out by the authorised Technical Service where applicable, and materials subject to wear and tear from normal use are not included.

In the case of computer hardware, the warranty will not cover the removal of viruses, the restoration of programmes for this reason or the reinstating of the hard drive caused by the deletion of data from it.

In those incidents that justify the use of the guarantee, repair, replacement of the item, price reduction or refund shall be chosen, under the terms legally established.

For any exchange or refund, it is essential to present documentation proving the sale and/or invoice. These documents are the confirmation and/or delivery emails. You must contact us using the phone numbers and addresses indicated above.

Industrial and intellectual property

The brands and logos appearing on our website are registered and may not be used without a written agreement with the website manager. PALLAPIZZA is the owner or holds a licence for their use.

14. Communications between PALLAPIZZA and the users

Consumer legislation requires that part of the information or communications we send you be in writing. Therefore, by accepting these general conditions, you agree that such communications with us shall be by any of the electronic means you have provided to us. For contractual purposes, you consent to the use of electronic means of communication and acknowledge that any contract, notification, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition shall not affect your statutory consumer rights.

15. Force majeure

PALLAPIZZA shall not be liable for any delays or failures in the access, operation and functionality of the Website, its Contents and/or Services, nor for any interruptions, suspensions or malfunctions thereof, when caused by breakdowns resulting from natural disasters such as earthquakes, floods, lightning or fires, situations of force majeure, extreme emergency situations such as wars, military operations, civil unrest, strikes, lockouts or any other situation of force majeure or fortuitous event.

16. Protection of personal data

You will find detailed information about the processing of your personal data in the section extensive privacy statement on this very website.

17. Use of cookies

You will find detailed information about the existing cookies on this website in the section cookie policy.

18. Partial nullity

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions shall remain in full force and effect, without being affected by such declaration of nullity.

19. Applicable law and jurisdiction

The use of our website and the contracts for the purchase of products through this website shall be governed by Spanish law. Any controversy arising from or related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the courts and tribunals of Pamplona (Spain).

Cancellation form

(You must only complete and return this form if you wish to withdraw from the contract)

For the attention of: PALLAPIZZA

• Company name: PALLAPIZZA SL
• VAT number: B71393870
• Registered Office: Calle Río Alzania, 29, 2nd Floor, Office 16, 31006 Pamplona (Navarra)
• Companies House: Navarra, Sheet NA-39335, Folio 44, Volume 1974, Section -8
• Telephone: 948 84 15 25
• Email: admin@islasicilia.es

I hereby give notice that I cancel my contract of sale for the following good or goods with reference:

• N.º de referencia: ____________________
• Pertenecientes al pedido n.º: ____________________
• Con fecha de compra: ____________________
• Nombre del comprador/es: ____________________
• Domicilio del comprador/es: ____________________

Si la dirección de envío es distinta a la del comprador, deberá rellenar los siguientes datos:

• Nombre del destinatario: ____________________
• Domicilio del destinatario: ____________________

Firma del consumidor/es y fecha: ____________________