GENERAL CONTRACTING CONDITIONS

1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS: (hereinafter also the General Conditions or GC):

On one hand, the product provider, PIZZA A PUNT EXPANSIÓ, S.L., whose trade name is PIZZA A PUNT (hereinafter also the provider), with registered office at C/ Santa Eulàlia 10, 08328, Alella, Barcelona, N.I.F. B67246363 and email: info@pizzaapunt.com, being the owner of the website www.pizzaapunt.com, presents the contractual document that will govern the placing of the order through the aforementioned website.

And on the other hand, the User – Client (hereinafter the User), of the website being responsible for the truthfulness of the personal data provided to the provider.

BOTH ACCEPT this document, and it implies that the user:

1. Has read, understands, and comprehends what is stated here.
2. Is of legal age and has sufficient capacity to contract.
3. Assumes all the obligations set forth herein.
4. Has read and accepts these general conditions of purchase from the moment the order is placed. This document can be printed and stored by the Users.

The provider makes the email address info@pizzaapunt.com available to them to raise any doubts about these conditions.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the provider's website www.pizzaapunt.com.

The provider reserves the right to unilaterally modify these General Conditions, without affecting the goods or promotions acquired prior to the modification, in order to improve the products offered. In any case, before purchasing the products, these general conditions must be consulted.

PIZZA A PUNT EXPANSIÓ, S.L. is a company specialized in the preparation of pizzas for home delivery or pickup at the store. PIZZA A PUNT sells its products remotely over the Internet through its website and/or by phone. The provider has delegations corresponding to the franchises detailed on www.pizzaapunt.com in the "delegations" section, for the sale of its products.

2. OBJECT OF THE CONTRACT:

2.1 Scope of application: This contract aims to regulate the contractual purchase relationship born between the provider and the user at the moment when the latter accepts these purchase conditions during the online contracting process by checking the corresponding box. These GC will apply from the day the order is placed.

The contractual purchase relationship involves the delivery, in exchange for a certain and publicly exposed price through the website, of a specific product.

2.2 Territory of application: The virtual store of www.pizzaapunt.com is active for the postal codes of the delivery zones of the delegations.

2.3 Capacity to contract: To place an order, you must be of legal age and have the capacity to contract.

2.4 Customer acceptance: The validation of an order through the web www.pizzaapunt.com is carried out by email and implies the automatic acceptance of the GC. These conditions are available on the web www.pizzaapunt.com or, if you wish and request, we can make them available to you by email.

2.5. Modification of the General Contracting Conditions: PIZZA A PUNT reserves the right to make changes and/or modifications to these GC. We advise our clients to review them regularly. In case these changes or modifications are introduced once an order has been placed, the conditions in force on the date the order was made will apply.

3. INFORMATION PROVIDED ON THE WEBSITE www.pizzaapunt.com:

3.1 Price publication: The prices of the products are those shown for each product on our website www.pizzaapunt.com.

3.2 Product information: The information contained in our advertising, brochures, other written material, on our website, or provided to you constitutes an invitation to make a purchase. The contents of www.pizzaapunt.com are constantly renewed and updated to offer our clients the most complete and detailed information possible. All contractual information present on www.pizzaapunt.com is shown in Catalan and Spanish, and communication with clients and users, as well as the formalization of the contract, will be carried out in one of these languages.

3.3 Availability of products: There may be occasions when it is impossible to supply all the products because they are not in stock or available at the time of purchase. In these cases, the product in question will be visible but not available for purchase.

3.4 Cancellation Right: PIZZA A PUNT reserves this action (cancellation right) of sending a specific product that does not meet the quality requirements imposed on all the products of www.pizzaapunt.com. In the event that this lack of quality is detected, the PIZZA A PUNT Customer Service will suggest a replacement product, and if the replacement is not to the client's liking, the cost of that product will be refunded.

3.5 Order timings: The order reception schedule is detailed in the information of each delegation found in the "delegations" section on www.pizzaapunt.com. You will also have the relevant schedule information at the time of placing the order.

3.6 Fraud: If PIZZA A PUNT suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

4. PURCHASE PROCEDURE: The user, in order to place an order for the products offered by the provider, can:

1. Register through the website by creating a user account. For this, the user must freely and voluntarily provide the personal data that will be required. The user will select a username and a password, committing to use them diligently, and not to make them available to third parties, as well as to notify the provider of their loss or theft or possible access by an unauthorized third party, so that the provider can proceed to immediately block them. The user may not choose as usernames words that are intended to confuse others to identify him/her as an integral member of the provider, as well as offensive, injurious expressions, and in general, contrary to the law or the requirements of morality and good customs.
2. Place the order through the guest purchase functionality. In this purchase mode, only the essential data to process the order will be requested. Once the purchase process is completed, the user will be offered the possibility to register as a user or continue as an unregistered user.

In accordance with the provisions of Article 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:

1. Choose the product(s) by clicking on them, and they will be automatically added to the "shopping cart".
2. If you want to add more products, you must select them. If you mistakenly added one that you did not want, you must click on the delete option from the shopping cart.
3. Once the product(s) have been chosen, you must click on the cart tab to place the order. By clicking on this option, the purchase confirmation (summary of the order made, your data, and chosen payment method) will appear.
4. The user credentials will be requested in three ways: 4.1. User registration: if not previously registered, to make the purchase (this registration is free), a data collection form must be filled out (in which the Privacy Policy must be accepted). Once completed, you will receive a confirmation email at the indicated email address. 4.2. If already registered and already a client: you can access your data by clicking on the already registered user button, and inserting your username and password. 4.3. Purchase as a Guest: a series of personal data will be requested to place the order and subsequent delivery, and then the user's consent to save their data will be requested. If given, they will be saved and product information will be sent if allowed; if not, the data will be saved only for future purchases.

You should check the spam and junk mail controls in your email inbox and always verify that the contact information provided is correct.

1. Once registered, a screen will appear with remarks, where you can indicate the delivery time; a checkbox that must be marked as it is the acceptance of these General Contracting Clauses and the Privacy Policy.
2. To finish the process, click on the Finish button.

In any case, the provider's contracting platform will inform the user, before completing the order, about the price and the collection time at the store or home delivery of the purchased product.

If there is any type of error in the indicated address or any other point of the order, you must notify it immediately to the email address that will appear on the website to proceed with the correction of this error.

If you have any doubts, you can contact our Customer Service through any of the methods provided on the website www.pizzaapunt.com.

PIZZA A PUNT will provide Customer Service for FREE through our contact email info@pizzaapunt.com, if you choose an alternative communication method, the user will have to bear the particular cost of it.

5. DELIVERY The delivery of orders will be made:

• Registered office selected at the time of purchase, corresponding to one of the PIZZA A PUNT delegations, exposed in section 1 of these conditions.
• At the buyer's home, provided during the purchase process. It will be the delivery address freely designated by the user. Therefore, the provider assumes no responsibility when the delivery of the product does not occur as a consequence of the user's provided data being false, inaccurate, or incomplete, or when the delivery cannot be made for reasons beyond the company's control, such as the absence of the recipient. Home delivery costs are 2€. When the user-client adds the product to the cart and confirms home delivery, the system will automatically show the shipping cost mentioned above.

The delivery time of the order will be during the working hours of the store where the order was placed.

The provider has taken the measures required by a diligent merchant so that delivery can be made within the agreed time, therefore no responsibility can be imputed against the provider.

PIZZA A PUNT will make every effort to ensure your order is delivered within the timeframe indicated on our website on the date the order confirmation is issued.

Delivery or pickup times:

1. The delivery time for pickup orders at the store is usually between 15 and 30 minutes depending on the product.
2. The delivery time for home delivery orders is usually between 45 and 75 minutes depending on the product.

6. PRICES AND VALIDITY PERIOD OF OFFERS:

All prices displayed in the store www.pizzaapunt.com include the current VAT at the time of purchase. All prices listed on the website are valid and will be expressed in Euro (€).

The applicable prices for each product will be those published on the website and applied automatically by the contracting process in its final stage.

In cases of limited duration promotions, the discount of the promotion will apply as long as the order has been registered during the promotion period.

The delivery method is detailed in the specifications set out in section 5 of these general conditions.

The data recorded by the different payment methods constitute proof of the date on which financial transactions were made and will serve to determine whether this order is subject to promotion or not.

For any information about the order, the user can contact through the provider's customer service phone or via email at the provided address.

7. PAYMENT METHODS:

Below, we detail the available payment systems for orders with home delivery:

• Paycomet. If you choose this payment method, you need a secure card. The order will not be processed until the payment is authorized. Paycomet automatically encrypts confidential data using the most advanced technologies. Paycomet has its own privacy policies, and PIZZAAPUNT has no responsibility for these.
• Cash on Delivery: The cash on delivery payment method is at the order delivery. When the delivery person delivers the order, you can pay in cash or with a card. If you pay in cash, you must have the exact amount. The order will only be delivered to the address provided by the client at the time of registering in the application.

Below, we detail the available payment systems for orders with in-store pickup: 7.1 Payment by credit or debit card: The user must have a valid credit or debit card. The transaction is completed via POS at the time of order delivery by the worker in the store. Only secure card payments where authentication of your identity as the cardholder is performed according to the method established by your bank, through secure electronic commerce ("Verified by Visa" and "MasterCard SecureCode"), are accepted.

7.2 Cash on Delivery: The cash on delivery payment method is at the order delivery. When you pick up the order in the store, you must have the exact amount for the order to make the payment. The order(s) will only be delivered to the address of the store where the client placed the order.

8. RIGHT OF WITHDRAWAL:

8.1 The right of withdrawal will not apply to this contract, as it refers to the provision of the food service, according to the TRLGDCU.

8.2 Return due to error in the order by PIZZA A PUNT: When the product does not correspond to the order, due to an error attributable to the company, the user must validate it with the provider in the store at the time of delivery or with the delivery person at the time of home delivery. Once the order is picked up or delivered, the aforementioned return cannot be made.

9. REFUNDS:

There will be no refund for an error in an order that has not been validated with the provider at the time of pickup. In the event that PIZZA A PUNT detects a lack of quality in a requested product, it will notify you before its pickup and will suggest a replacement product, and if the replacement is not to the client's liking, the cost of that product will be refunded.

10. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES: Warranty: All products offered through the website comply with health and food safety guarantees.

11. NULLITY AND INEFFECTIVENESS OF CLAUSES:

If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, the rest of the General Conditions remaining in effect, considering such provision, or the part of it that is affected, as not included.

12. APPLICABLE LAW AND JURISDICTION:

These conditions will be governed or interpreted in accordance with Spanish legislation in matters not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the provider's domicile (if not considered a consumer for the purposes of the TRLGDCU) or of the user (if considered a consumer for the purposes of the TRLGDCU).

13. APPLICABLE REGULATIONS:

These General Conditions are subject to the provisions of: European regulations governing electronic commerce:

1. Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive);
2. Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market (E-Commerce Directive).

Spanish regulations:

1. Law 3/2014, of March 27, amending the consolidated text of the General Law for the Defense of Consumers and Users.
2. Law 7/1998, of April 13, on General Contracting Conditions, and subsequent amendments.
3. REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
4. Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights.
5. Law 7/1996, of January 15, on the Regulation of Retail Trade, and subsequent amendments.
6. Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce, and subsequent amendments.
7. Royal Decree 3484/2000, of December 29, establishing the hygiene rules for the preparation, distribution, and marketing of prepared meals.

14. COMMENTS AND SUGGESTIONS:

Your comments and suggestions are welcome. We ask that you send these comments and suggestions through our contact form.

In addition, we have official complaint forms available to consumers and users. You can request them by sending an email to the reference email or through our contact form.