I.-Purpose, subject matter and scope of application
These provisions govern the contracting of the products and services offered and the advertising directed to its customers/users by HIPERCHEF.COM, which operates over the Internet from its website hiperchef.com. These General Terms and Conditions also govern the rights and obligations of the parties arising from the purchase and sale transactions agreed between them.
The clauses set out below constitute the framework agreement that all users accessing the hiperchef.com website are required to be aware of and to accept. Solely for the purposes of these general terms and conditions, the term “user” covers any Internet user who accesses the hiperchef.com website, whether directly or from any other Internet site.
The services offered by HIPERCHEF.COM on this website shall be governed by the conditions contained in this contract. HIPERCHEF.COM reserves the right to modify these general terms and conditions in whole or in part, with any new terms it adopts applying from the moment they are published on the site. In any event, the aforementioned modifications shall not have retroactive effect on goods or services previously contracted by users.
These General Terms and Conditions are binding on both parties and form an integral and inseparable part of the contract of sale, which takes effect at the moment the order is placed at the customer’s request, through the contracting mechanisms specified below, all in accordance with the provisions of Article 1,255 of the Código Civil (Spanish Civil Code), which enshrines the principle of freedom of contract and of agreements between the contracting parties. For all purposes, the user shall be deemed to accept the conditions and rules of use set out herein if they click the "Accept" button appearing at the foot of this document.
In order to fully guarantee the rights of the consumers and users of HIPERCHEF.COM, these General Terms and Conditions are established in accordance with the provisions of Spanish law, and in particular with the Ley 7/98 de 13 de abril de Condiciones Generales de la Contratación (Spanish Act 7/98 of 13 April on General Terms of Contract), the Ley 7/96 de 15 de enero de Ordenación del Comercio Minorista (Act 7/96 of 15 January on the Regulation of Retail Trade), the Código Civil (Spanish Civil Code), Directive 2000/31/EC of the European Parliament and of the Council of 8 June, the Ley 34/2002 de 11 de julio de servicios de la sociedad de la información y de comercio electrónico (Act 34/2002 of 11 July on Information Society Services and Electronic Commerce), Real Decreto Legislativo 1/2007, de 16 de noviembre (Royal Legislative Decree 1/2007 of 16 November), approving the Consolidated Text of the General Law for the Defence of Consumers and Users, and other applicable laws and their implementing regulations.
II.-Identification and registered name of the offering company
A.L.G.D.L., 24374339-C, with registered office at C/ Goya nº 37, 46018 Valencia, España, provides its electronic sales services over the Internet through its website hiperchef.com
You can find our contact email address at the foot of the page.
Our contact telephone number is +0034 668 88 94 95. Telephone support is provided in Spanish only. For enquiries in other languages, please email us and we will reply in your language.
The address for the purposes of complaints shall be the one indicated as the company’s registered office.
III.-Legal conditions for the provision of the service and liability
Clarity and transparency of information:
HIPERCHEF.COM, in compliance with the provisions of Article 10 of the Ley 34/2002 de 11 de julio, through its website and these General Terms and Conditions, provides permanent, easy, direct and free electronic access to the information comprising its registered name (tax, registry, domicile and communication address details), as well as to the customer’s own data, held by the company and accessible exclusively by the customer.
Likewise, in accordance with the aforementioned Real Decreto Legislativo 1/2007, it offers the customer both the pre-contractual information (see these General Terms and Conditions as well as the additional information in the various sections of the website) and the confirmation of the information legally required.
IV.-Conditions of access for the user/customer
Users of the HIPERCHEF.COM website shall have the right to free and unrestricted access to the public information contained therein, although HIPERCHEF.COM reserves the right to restrict access to information, promotions and special offers to its registered customers.
Any user who accesses the HIPERCHEF.COM website has the right to register as a customer and may therefore take advantage of the special offers aimed at the group of registered customers, provided they meet the specific conditions of the offer specified for each product.
The public information contained on the HIPERCHEF.COM website, relating both to the company HIPERCHEF.COM and to the brands, products, logos, etc. of the wholesalers and manufacturers of the products and services offered, is protected by the legal provisions on intellectual and industrial property; the copying, transmission, assignment, sale or use by the customer/user for purposes other than the advertising purpose of its virtual publication is therefore not authorised without the express consent of HIPERCHEF.COM, of the product manufacturer or of the owner of the brands and logos, under the terms provided for in section VII on Industrial and Intellectual Property Rights.
V.-Obligations of the user/customer
To keep their personal passwords with due diligence.
To make faithful use of the shopping service provided by HIPERCHEF.COM on its website, refraining from tampering with the contents of its website, introducing denigrating content or interfering with its computer systems through viruses or other conduct prohibited by law.
To honour the purchase agreement once the order has been accepted, with due payment of the agreed price, and to refrain from engaging in abusive and unlawful conduct in the contracting process.
To use the information published by HIPERCHEF.COM solely by the customer and strictly within the intended personal commercial relationship.
Not to reproduce, transfer or dispose of the information published by HIPERCHEF.COM, in any of its contents, without the express permission of the company itself.
For any matters giving rise to a dispute, the parties expressly submit, waiving any other jurisdiction, to arbitration and to the courts and tribunals of the city of Valencia.
VI.-Rights of HIPERCHEF.COM.
To maintain, modify or suspend its website without prior notice.
To modify the price of offers.
To reject orders due to lack of stock, pricing errors or non-payment by the customer.
To deny customers access to the computer tools in the event of breach of these conditions.
To receive the amount of the customer’s purchases once the transaction has been accepted.
To retain title and full ownership of the item until full payment has been made by the customer.
To reserve the right to hold prize draws for goods or services on its website.
To use the information published by HIPERCHEF.COM solely by the customer and strictly within the intended personal commercial relationship.
Not to reproduce, transfer or dispose of the information published by HIPERCHEF.COM, in any of its contents, without the express permission of the company itself.
To correct or rectify human or computer errors.
VII.-Intellectual and industrial property rights
The rights relating to industrial and intellectual property (by way of example and without limitation: brands, logos, texts, photographs, icons, images, etc., as well as the graphic design, source code and other software elements contained on the hiperchef.com website) are the property of HIPERCHEF.COM or of the wholesalers and manufacturers of the products and services offered. They are therefore subject to intellectual and industrial property rights and protected by Spanish and international legislation.
Without the prior, duly evidenced written authorisation of HIPERCHEF.COM or, where applicable, of the wholesaler or of the product manufacturer holding the rights, it is not permitted to use, copy, distribute, reproduce, transmit or manipulate the content, nor to make any use that exceeds the normal use necessary for visiting the page and using the services offered.
Access to the services provided does not imply, on the part of HIPERCHEF.COM, any waiver, transfer or assignment, in whole or in part, of the rights arising from intellectual and industrial property, nor does it confer any rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents without the prior and express written authorisation of the respective holders of said rights, without prejudice to the right to view and obtain a private backup copy of such contents, provided that this right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the holder of such rights remains unaltered, that it is used for non-commercial purposes and solely for the user’s personal information.
Liability arising from the use of materials protected by the intellectual and industrial property rights of third parties contained on this page in an unlawful manner, or in a manner that infringes morality, honour, privacy or good faith, shall lie exclusively with the user, releasing HIPERCHEF.COM in all cases from any liability arising from such conduct.
The content published on hiperchef.com (product descriptions, technical sheets, guides and articles) is produced by our own team, by professional copywriters or with the support of A I tools. In all cases it is reviewed by HIPERCHEF.COM before publication.
VIII.-Exclusion of liability
The content of this website is of a general nature and is intended for information purposes only; full access to all content is not guaranteed, nor is its completeness, accuracy, validity or currency, nor its suitability or usefulness for a specific purpose.
HIPERCHEF excludes, to the extent permitted by law, any liability for damages of any kind arising from:
a) The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness and/or currency of the content, as well as the existence of defects and flaws of all kinds in the content transmitted, disseminated, stored or made available, which has been accessed through the website or the services offered.
b) The presence of viruses or other elements in the content that may cause alterations to users’ computer systems, electronic documents or data.
c) The failure to comply with the law, good faith, public order, standard trade practice and this legal notice as a result of improper use of the website. In particular, and by way of example, HIPERCHEF is not liable for the actions of third parties that infringe intellectual and industrial property rights, trade secrets, the rights to honour, to personal and family privacy and to one’s own image, or the regulations on unfair competition and unlawful advertising.
Likewise, HIPERCHEF disclaims any liability regarding information found outside this website that is not managed directly by our webmaster. The purpose of the links appearing on this website is solely to inform the user of the existence of other sources capable of expanding the content offered by this website. HIPERCHEF does not guarantee or accept responsibility for the operation or accessibility of the linked sites; nor does it suggest, invite or recommend visiting them, and it shall therefore not be liable for the results obtained.
HIPERCHEF accepts no responsibility for the establishment of hyperlinks by third parties.
IX.-Conditions of sale
Set out in the following document.