LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS OF SALE
The purpose of this document is to establish and define the terms and conditions for acceptable use of the website: https://paradisealacarte.com/ (hereinafter the “Site”), all its pages and content owned by Paradise a la carte, S.L., accessed through the domain https://paradisealacarte.com/ and any subdomains, as well as the General Terms and Conditions of Sale resulting from purchases made in our online store.
Use of the Site confers status as a User and constitutes the acceptance of all terms and conditions found in this Legal Notice. The User agrees to carefully read this Legal Notice each time he or she intends to use the Site, since the terms and conditions found in this Legal Notice may be amended at any time.
Use of our online store, whether as a visitor or as a registered user, confers the status of consumer or user, and constitutes the acceptance of the General Terms and Conditions of Sale.
The user agrees to carefully read this Legal Notice and General Terms and Conditions of Sale each time he or she intends to use the Site, since the terms and conditions found in this Legal Notice may be amended at any time. The user may review all legal notices at any time through our website.
If you wish to have these legal notices sent to you in another format, please request so in the comments section when submitting your order.
The completion of all required steps to purchase a product through our online store, as well as though placing your order, implies full and unreserved adherence of the user to each and every one of the general terms and conditions published on the website.
These Terms and Conditions apply from the beginning of the process of making the online purchase until receipt of the shipment, as well as through the end of the returns period, and other guarantees legally established, as appropriate.
2.- Website Ownership.
The Owner of the Site shall be Paradise a la carte, S.L., with a corporate address of Calle del Mediterráneo s/n planta 1ª puerta B, edificio Solimar, C.P. 29780, de Nerja, CIF No: B93468122. Registered in the Malaga Business Registry, in Volume 5515, Book 4422, P 55, Section 8, Sheet MA-134038, 1st Entry.
You may contact us at the following phone number or at the following e-mail address: [email protected]
3.- Intellectual and Proprietary Rights.
The intellectual property rights of this Site, belong to Paradise a la carte, L.L.C., and Paradise a la carte, S.L. maintains the right to use the web application in Spain.
The unauthorized reproduction, distribution, marketing or modification, in whole or in part, of Site content, constitutes a violation of the intellectual property rights of Paradise a la carte, L.L.C. In addition, all brands, trademarks, or distinctive markings of any type contained in the Site are protected by Law.
The unauthorized use of the information contained in this Site, as well as any damage caused to the intellectual and proprietary rights of Paradise a la carte, S.L. and Paradise a la carte, L.L.C., may lead to the filing of legal action as appropriate, and exposure to liability that such unauthorized use may cause.
If any of the products sold in our online store are subject to Intellectual Property Rights protection, Paradise a la carte, S.L. acknowledges that it is authorized to sell and distribute the product to the consumer.
4.- Limitation of Liability.
The content, programs, information, and/or advice provided on this Site is provided for informational purposes only. Paradise a la carte, S.L., disclaims any liability related to the effectiveness or accuracy of the same, and shall not be liable for any damage incurred, contractual or otherwise, by Users who rely on such content, programs, information and/or advice. Users shall determine at their own discretion the appropriateness of the use of such content, programs, information and/or advice.
This Site may post content provided by third parties or other entities; Paradise a la carte, S.L., disclaims any liability related to the truth or accuracy of such content, and shall not be liable for any damage incurred by Users, contractual or otherwise, who rely on such content.
Paradise a la carte, S.L., reserves the right to modify the content on the Site without prior notice, and without limitation.
Further, Paradise a la carte, S.L. disclaims any liability for consequential damages due to lack of availability or inability to access this Site, and any Services it offers.
Paradise a la carte, S.L., does not guarantee the absence of viruses or other elements of the website that may alter a User’s technological systems. Paradise a la carte, S.L. disclaims any liability, contractual or otherwise, to Users who make use of the system and incur damages of any nature caused by a computer virus or other elements of the website.
Paradise a la carte, S.L., disclaims any liability for services that may be provided on the Site by third parties.
Paradise a la carte, S.L., disclaims any liability for the services and/or information that may provided by other websites that have been linked on the Site. Paradise a la carte, S.L., does not control, nor supervises in any way, any websites owned by third parties. We advise Users who visit these websites to exercise caution and to consult the legal terms and conditions provided by such websites.
Users who submit any information to Paradise a la carte, S.L., agree to be truthful and not to infringe any rights of third parties or violate any applicable law.
Access to this Site is free other than the cost of connection to the internet through an internet service provider subscription owned by users.
It is expressly prohibited to use this Site for purposes intended to harm the property or interests of Paradise a la carte, S.L., third parties, or in any other way overload, damage or render inoperable the networks, servers, other computer equipment (hardware), or the products and software applications belonging to Paradise a la carte, S.L., or any third parties.
If the User becomes aware that the linked Sites refer to webpages whose content or services are illegal, harmful, degrading, violent, or otherwise immoral, we would appreciate the User contacting Paradise a la carte, S.L.
6.- Personal Data Protection Policy.
Pursuant to Organic Act 15/1999 of December 13, entitled the Protection of Personal Data, Paradise a la carte, S.L. hereby informs the users of the Website https://paradisealacarte.com/ that the information provided through our
site through the corresponding forms and e-mails, and any information which is considered personal data, will be incorporated into our files, for the purposes of managing the requested services, responding to your requests and/or processing your order.
These files are registered in the Spanish Data Protection Agency in accordance with current applicable law and internal development regulations.
Users guarantee and are responsible, in any event, that the personal information provided is truthful, accurate, current, authentic, applicable, and non-exaggerated; and they agree to keep such data duly current.
6.1.- Data provided by third parties: If the order includes personal information not owned by the User, the User shall, upon prior notice, inform the owners of such information of the contents of the previous paragraphs. Paradise a la carte, S.L. disclaims any liability resulting from the breach of this requirement.
6.2.- Data pertaining to minors: It is prohibited to provide information belonging to minors (less than 18 years old) through this Website. Paradise a la carte, S.L. disclaims any liability resulting from the breach of this requirement
6.3.- Advertising communications through electronic means: Communications made through electronic mail or any other electronic means shall be necessary to manage your order or to communicate about products or services similar to the ones purchased or acquired. All of the advertising communications not included in the previous paragraph shall be expressly authorized by the recipient, pursuant to current applicable law.
6.4.- Security measures: The party responsible for maintaining records containing personal data has adopted the legally required security measures to protect such data and has installed all technical means and measures currently technologically available to prevent the loss, misuse, alteration, unauthorized access and theft of the Personal Data provided.
6.5.- Duty of Confidentiality: The User enjoys confidentiality and non-disclosure in respect to all data submitted on behalf of his or her account. Notwithstanding the foregoing, the User is aware of the possibility that the security of the communication performed through the network may not be completely invulnerable.
6.6.- Rights of affected parties: Pursuant to the Organic Act for the Protection of Personal Data (L.O. 15/1999) and RD 1720/2007, the User may exercise his or her right to access, correct, revoke, and disagree to the use of personal data, by addressing a letter in writing, with a copy of his or her DNI or Passport, to the following address: Calle del Mediterráneo s/n planta 1ª puerta B, edificio Solimar, C.P. 29780, de Nerja.
Cookies help improve the website’s functionality. Royal Decree Art. 4, Law 13/2012 of March 30, as it amends Law 34/2002 of July 11, relating to Information Society Services and Electronic Commerce, establishes the requirement of informed consent before storing or accessing information from the user’s computer under certain circumstances.
If we use other types of cookies other than those needed, you may consult the Cookies Policy in the related link that can be accessed from the Site’s home page.
8.- Social Media.
By becoming a fan, follower, or any other similar status in relation to our company, through any of the different social networking sites, in the context of this agreement, you should keep in mind that Paradise a la carte, S.L. may is restricted in accessing or downloading your data through a specific profile. Any correction of your data or restrictions on information or posts should be done through your profile or user account maintained on each social networking site. By default, you consent to:
*(Google+ and Youtube)
b) The access by Paradise a la carte, S.L. to the information contained in your profile or account, depending on your privacy settings on each individual site, which may be more expansive or less expansive in scope.
c) Receiving published notifications about our events, or our comments that may appear on your wall or profile.
d) Receiving communications about our products/events.
If you would like to stop following us, you simply need to click the option that reads “Unlike” or “Unfollow”. You may exercise your right to access, correct, revoke, and disagree to the use of personal data at any time, by writing to the address that appears above, or by sending an e-mail to [email protected]
9.- Sale of goods, shipment, and liability.
Through the site https://paradisealacarte.com/ consumers or users may purchase products. These products are indexed and selecting the product will display the information available concerning the product in relation to its details, uses and price, and include one or more descriptive photographs. Before completing the purchase, the user should check and evaluate that the product is appropriate for his or her needs. Technical assistance, post-sale options, and other commercial guarantees, if any, may also appear.
Before completing the purchase, the User should check and evaluate that the product is appropriate for his or needs. Further, the user must be at least 18 years of age, provide the required information, and accept these Terms and Conditions.
The action of completing the order form does not constitute automatic acceptance of the order by Paradise a la carte, S.L.; the order has been accepted when an automated e-mail is sent confirming the order.
9.1.- Procedure to complete a purchase:
The customer shall follow the instructions displayed on the screen and continue adding products to the shopping basket, without generating any commitment to purchase. The customer may view the basket or empty it by removing products.
If the customer wishes to continue with the purchase, he or she should accept the purchase by clicking on the Order button, accepting the terms and conditions, the legal notice, and any other specific conditions that are attached to the purchase.
Subsequently, if you have not already previously provided it, the customer will be asked for his or her personal information in fields marked with an asterisk, which are required to appropriately complete the shipment of the order. Prior customer registration is not required.
The customer can verify that the information is correct and, if necessary, correct incorrect information through the “edit” button.
To complete the purchase process, click the “purchase now” button (or any other similar language), which creates a payment obligation.
If there are help pages available during the process, they will provide the customer with additional information about the purchase process.
When the sale of a product is completed, and once payment has been received and verified, and Paradise a la carte, S.L. confirms acceptance of the order by email within 24 hours from the time of purchase, Paradise a la carte, S.L. will ship the products. If the products are not available, the user will receive notification through e-mail.
If payment is made by credit card, the card will be charged using a financial Point of Sale. All transactions are performed within a Secure Socket Layer (SSL) server environment to ensure the security and privacy of your information.
The sale contract terminates once the product has been delivered, although guarantees and information are maintained past this time for business and legal reasons (if accepted).
Under no circumstances shall Paradise a la carte, S.L. be liable for any other type of harm, whether actual, indirect or otherwise, or for the loss of profits that the buyer may have suffered due to issues arising from the sale and delivery of the product.
Paradise a la carte, S.L. shall not be liable for delays, or the inaccurate or erroneous publication of information when they are the result of events or circumstances beyond its control, including, but not limited to, governmental action, fire, flood, riots, earthquake, technical failure, hacking, rebellion, explosion, embargo, legal or unlawful labor strike, shortage of personnel or material, interruption of transportation of any kind, delay in work, or any other circumstance beyond its control.
For additional information about your order or billing questions, contact Customer Service via email at the following address: [email protected]
Delivery will be completed approximately 48 -72 hours after the placement of the order for those orders to be delivered within the Spanish Peninsula, Ceuta, Melilla and Baleares. For orders to be delivered in the Canary Islands, delivery will be completed approximately 72 – 96 hours after the placement of the order. The order can be accessed from any operating system, platform or browser. If you encounter any issue, please contact us.
10.- Pricing, Payment Methods, and supporting documentation.
Product prices are set in Euros, displayed on the corresponding product pages throughout the Site, and are valid during the time they remain accessible on the website.
Credit card is the accepted payment method. Applicable taxes are included in the displayed product price.
Shipping costs are not included in the product price, costs which the user should verify and accept before placing the order. Shipping costs include the costs involved in delivering the product to your address, which varies according to the size and weight of the product, or the final destination. For orders above eX[sic] Euros, shipping is free.
Generally, confirmation of payment receipt will be sent by Paradise a la carte, S.L. through e-mail.
Products have a 2 year warranty, starting from the date of receipt. The date of receipt is established in the shipping carrier’s delivery receipt, which the user signs upon receipt of the product. Used products have a 1 year warranty.
Consumable products have a warranty effective until the product’s expiration date. In connection with consumable products, the user must use the appropriate storage methods.
The warranty entitles the user to product repair or replacement (except consumables or used products), a price reduction, or termination of the contract.
If Paradise a la carte, S.L. claims that a particular option causes disproportionate harm to the company, and upon the consumer’s agreement, another more appropriate option may be chosen.
During the six months following the delivery of the repaired product, Paradise a la carte, S.L. shall be liable for non-conforming elements underlying the repair, provided that such non-conforming elements share the same origin as the original defect.
12.- Duties of the User.
Any commercial use of items containing the registered trademark is expressly prohibited, except upon express authorization from Paradise a la carte, S.L., or any other registered Trademark owner.
The user agrees to remit payment in the amount of the product’s price and utilize the purchased products in accordance with all applicable laws and these General Terms and Conditions.
The User agrees to keep his or her password confidential, and notify us immediately if unauthorized account use or access is suspected. The User agrees not to use another user’s account, user name or password.
13.- Duties of Paradise a la carte, S.L.
Paradise a la carte, S.L. agrees that it will make all necessary information pertaining to the product available to the user, and once the purchase is completed, send a confirmation e-mail that displays the receipt of the placed order and payment confirmation.
It also agrees maintain the necessary replacement parts, or request them from the manufacturer, for a period of 5 years following the final manufacture date of the product.
Additionally, Paradise a la carte, S.L. shall develop an invoice to be sent to the consumer together with his or her order.
If you are not satisfied with the products purchased in our online store, you are entitled to cancel the contract by returning your purchases, as outlined in the following paragraphs.
The period within which the user may request cancellation expires 14 calendar days following the date that you, or an authorized third party, other than the shipping carrier, received the product.
Products that are perishable or quickly expire, such as food or beverages that spoil without adequate refrigeration, are not covered under this cancellation policy. Sealed products not apt to be returned for health or hygiene reasons, and which have been opened after delivery are also not entitled to cancellation. Lastly, daily newspapers, periodicals or magazines, with the exception of subscriptions, are also not subject to be returned.
If, in the same order, you have purchased multiple products which have been delivered in separate shipments, the cancellation period will expire 14 calendar days following the date you, or an authorized third party, other than the shipping carrier, received the last product.
If you purchased a subscription for the delivery of products during a specified period of time, the cancellation period will expire 14 calendar days following the date that you, or an authorized third party, other than the shipping carrier, received the first product.
Once you the return has been received, we will credit you the initial cost plus any shipping costs you paid at the time of purchase, however, you will be responsible for any return shipping costs.
The customer shall be responsible for any decrease in product value resulting from any manipulation of the product other than that necessary in respect to the type of product, its characteristics, or its mode of operation.
The customer shall communicate his or her wish to cancel through any method it is entitled to: by calling, by sending an e-mail to [email protected], or by addressing a letter to the address noted in these terms and conditions, in addition to initiating the return of the product by postal mail, with the costs associated for such return. The mere action of returning the package to the following address shall be sufficient to cancel an order under this section: Calle del Mediterráneo s/n planta 1ª puerta B, edificio Solimar, C.P. 29780, de Nerja.
We also provide a cancellation form template at the end of this document, but is not required to process your return.
Upon receipt of the notice regarding the return (if applicable) and the item to be returned, Paradise a la carte, S.L., within 14 days, will process the refund of the amount the user paid, including taxes and shipping costs, without any reduction in the amount or assessing any return fee. The refund will be processed through the same means by which the item was paid for, unless you indicate otherwise.
The user will only be liable for damage to the product value resulting from a use inconsistent with any agreed upon use or inconsistent with the nature of the product; for any damage resulting from reckless failure to follow the maintenance instructions for the item; or any damage resulting from intentional actions.
In the event that the return is due a product defect, the company guarantees all rights and guarantees provided by law concerning defective products, pursuant to current law, in which the company is responsible for any shipping costs.
The right to cancellation is only valid only for consumers, including legal persons and not-for-profit entities without independent legal status, performing activities other than business or commercial. Merchants or businesses who make purchases as part of their commercial or business activities are not entitled to cancellation. You may download the cancellation template at the end of this document.
The user will be solely liable for any damages arising out of the manner in which the product is used, and indemnifies https://paradisealacarte.com/ of any liability arising from any harm that may arise from the incorrect use of such product. In particular, the user will be responsible for:
All uses that violate these general terms and conditions, applicable law, moral standards, generally accepted customs, and public order.
All uses inconsistent with the written indications or instructions regarding the operation and use of the product.
Any liability arising from the precision, accuracy, validity and current nature of the information provided on each of the forms required by Paradise a la carte, S.L. on the website.
Any direct or indirect damages, in relation to any personal information required for the purchase of the product, caused by any third party if the user lost, disclosed, neglected or, in any way, disclosed such information to a third party, attributable to the user.
16.- Right to reject the order.
Paradise a la carte, S.L. reserves the right to exclude or prohibit the purchase of any product, if it determines that it may violate applicable law, the general terms and conditions, moral standards, generally accepted customs, public order, cause harm to a third party, or for reasons related to its image and reputation, or Paradise a la carte, S.L. deems such rejection appropriate. Under these circumstances, any payment that may have been made will be refunded.
If the products purchased consist of alcohol or tobacco, the distributor reserves the right to verify the customer’s age before delivering the product. If there is no person above legal age to receive the delivery, the delivery service is entitled to refuse to deliver the portion of the order that contains alcohol. It is absolutely prohibited to sell alcohol to minors under 18 years. We may request your DNI to verify your age, and the delivery service may also refuse to deliver the product if a minor receives the order.
17.- Information and Modification.
Paradise a la carte, S.L. guarantees that it has presented these general terms and conditions to all possible interested parties, prior to the purchase of any product, providing previous notice. The user may consult these general terms and conditions at anytime through our website.
These terms and conditions are effective only from the time of its presentation until it is unilaterally modified, in whole or in part. The user has the responsibility to consult our General Terms and Conditions of Sale each time he or she accesses our online store.
Should any provision be held invalid or unenforceable, such invalidity or enforceability shall not affect the remaining provisions.
18.- Assignment and subrogation.
Paradise a la carte, S.L., in order to provide its products, may contract with service providers, and collaborate with, or assign finalized contracts to third party entities to supply those products, in whole or in part, based on the different transactions may be completed.
19.- Termination and Resolution.
This contract shall be terminated upon both parties fulfilling all duties agreed to under this contract, or, if one of the bases for termination is met by any one of the parties, or if a party commits a material breach of any of the duties established under this contract.
Notices shall be sent through any reliable means to the following address: Paradise a la carte, S.L.; Calle del Mediterráneo s/n planta 1ª puerta B, edificio Solimar, C.P. 29780, de Nerja.
21.- Governing law, applicable jurisdiction, and effective term.
Paradise a la carte, S.L. hereby states that this Legal Notice and the General Terms and Conditions of Purchase, in all respects, are governed by Spanish law. This contract was drafted in the Spanish language.
If the consumer enjoys legal protection to do so, he or she may file a claim or suit from the jurisdiction of his or her domicile.
Both parties submit to the exclusive jurisdiction of the Nerja (Spain) Courts and Tribunals, and expressly waive any right to any other jurisdiction, under the following circumstances:
The purchaser is domiciled outside of the European Union, and in such country of legal domicile, there exists no bilateral or multilateral treaty with Spain that prohibits the choice of law and forum contractual provisions;
If the purchase is made by a company performing business or professional activities.
22.- Contact Us.
If you have any questions about these terms and conditions, or you would like to make any suggestion or recommendation, please write to us at the following e-mail address: [email protected]
23.- Online Dispute Resolution.
Pursuant to EU Regulation 524/2013 concerning the online dispute resolution (ODR – Online Dispute Resolution) for consumer disputes, we hereby inform you that, as a consumer, this process available to you to resolve various disputes arising from the online sale of products and services throughout the EU.
The ODR (online dispute resolution) platform provided by the EU is available:
For more information, visit the following link:
You may download the Legal Notice and General Terms and Conditions here.
You may download the Cancellation Template here.