TERMS AND CONDITIONS – KAMADO
These General Conditions of Purchase apply to the purchase of the products that Kamado Asian Food S.L. (“KAMADO”), sells through the website https://kamado.waitry.net/ (the “Website”) to any user of the same (the “Customer/s”), by itself or through the corresponding franchisee, through the modality “Take Away” and/or “Delivery”.
SIBUYA’s identification and contact details are as follows:
-Address: Calle El Paso, 7 (24003) León
-C.I.F.: B-24722324
E-mail: info@sibuya.es
The purchase of the products offered through the Web implies the acceptance of the terms and conditions set forth in these General Purchase Conditions, therefore, before proceeding to their acceptance, please read carefully its content. If you do not accept these General Purchase Conditions, the purchase of the products will not be carried out and, consequently, it will not imply the assumption of any type of obligation or responsibility on the part of KAMADO.
By placing an order through the Web, the Customer declares to have legal capacity to contract the products of the Web.
The Customer undertakes to provide KAMADO with truthful information about himself and not to place false orders. In any case, the Customer shall be liable for the veracity of his data and the orders placed.
KAMADO reserves the right to modify the content and/or scope of the General Conditions of Purchase at any time, without prior notice or communication, so, before purchasing each product, please read carefully its content since it is the Customer’s responsibility to review the General Conditions of Purchase before purchasing any product.
Access to the Platform is free of charge, except for the cost of connection through the telecommunications network provided by the access provider contracted (ISP) by the User, which will be at the sole expense of the User. The User may only access the Platform through authorized means.
In order to use the Services, the User must have a computer with any operating system that provides access to the Internet or a Smartphone with IOS or Android operating system and may (i) complete all fields of the registration form corresponding to Users with valid data; or (ii) register using their Facebook, Google or Apple account, in which case they must accept its Terms and Conditions and Privacy Policies (hereinafter, the“Registered User” or in plural“Registered Users“). Whoever aspires to become a Registered User must verify that the information he/she makes available to WAITRY is accurate, precise and true (hereinafter, the“Personal Data“). Likewise, the Registered User will assume the commitment to update the Personal Data every time they are modified. KAMADO may use different means to identify the Registered Users, but KAMADO is not responsible for the accuracy of the Personal Data provided by its Registered Users. The Registered Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of the Personal Data made available to KAMADO.
In order to become a Registered User of KAMADO, the User must fill in the registration form, accept the Privacy Policy and the present Terms and Conditions.
The price of the products will be the one that appears in Euros next to each product of the Web and will include the applicable taxes at every moment and the delivery expenses that, in its case, correspond.
If the order takes longer than expected or the Customer has any other problems with his order, he can contact the KAMADO Customer Service team via email.
The Web contains a large number of products and it can always happen that some of the products contain an incorrect or outdated price. In the event that there is an error in the price, KAMADO will contact the Customer as soon as possible and will offer the option to reconfirm the order of the product at the correct price or cancel it with the refund of the amount paid.
KAMADO reserves the right to make, at any time and without prior notice, the modifications it deems appropriate. The price applicable to the order placed by the Customer shall be the one stated at the time of accepting the General Conditions of Purchase.
The Customer shall pay for the products by any of the following means of payment:
a) Debit or credit card. The Customer must include the number of your card, as well as other additional information, which is required in the purchase procedure. The charge will be made once it is accepted by the financial institution, otherwise the purchase cannot be carried out.
The website is encrypted by SSL security certificate. In no case sensitive data is stored on KAMADO servers. For payment, we use the 3DSecure system that redirects the data to secure servers without KAMADO being able to access or store them.
SIBUYA, after verifying that the purchase process has been carried out correctly, will proceed to deliver the products, according to the “Take Away” or “Delivery” modalities, to the address indicated by the Customer in the purchase procedure and within the term provided on the Website or indicated by the Customer.
SIBUYA shall not be liable for any errors that may occur in the delivery of products in the event that the Customer has not correctly completed the forms on the Web. However, if there were any incident in the delivery time, SIBUYA would immediately inform the Customer.
The risks of the products shall be borne by the Customer from the moment it acquires its material possession and, in the case of their return, shall continue to be borne by the Customer until the delivery of the same to SIBUYA.
All product purchase orders are subject to product availability.
In case of unavailability of the purchased product, SIBUYA will inform the Customer and may offer a product or a discount of similar characteristics of equal or greater amount, although the Customer, alternatively, may cancel the purchase request and recover the amount paid.
If at the time of delivery of the products, the Customer is absent from the place of delivery communicated to SIBUYA, it will be understood that the Customer unilaterally cancels the order.
The Customer must verify at the time of delivery of the product that there has been no error with it. In the event that there is any error and it is entirely attributable to SIBUYA, the Customer may file a claim requesting the correct delivery of the ordered product or, alternatively, may cancel the order and recover the amount paid. Notwithstanding the foregoing, no refund will be made if the product has been tampered with beyond the opening of the product.
In case of incorrect or damaged shipment, the return period is 72 hours and will be paid by the same method of payment that the purchase was made.
Given the nature and characteristics of the products, the right of withdrawal provided by current regulations does not apply.
The warranty of the products purchased through the Web will be in accordance with the provisions of current legislation and, where appropriate, the terms and conditions of the commercial warranty offered to the Customer in addition.
The Customer shall have the right to request a paper invoice for any order placed.
In compliance with current legislation, in relation to the Customer’s personal data provided throughout the purchase procedure of the products on the Web, the provisions of the Privacy Policy shall apply.
The General Conditions of Purchase shall be governed by and construed in accordance with Spanish law.
In the event that any conflict or discrepancy arises in the interpretation or application of the General Conditions of Purchase, the Courts and Tribunals that, where appropriate, will hear the matter, shall be those provided for in the applicable legal regulations on the competent jurisdiction of consumers and users.
In accordance with the provisions of Law 11/2010 of December 17, 2010 on the prevention of underage drinking, it is prohibited to sell alcoholic beverages to persons under 18 years of age, or by persons over 18 years of age to persons under 18 years of age.
“This merchant agrees not to permit any transaction that is illegal, or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of, or adversely influence them. The following activities are prohibited under the card brands’ programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: “Sale of alcoholic beverages to persons under 18 years of age”.