Legal Notice and General Terms and Conditions

1. Scope of application.

This document regulates the rules for the use of https://grupotrocadero.com  (hereinafter the "Site"), including all the contents of the domain and its sub-domains. It also sets out the general terms and conditions of our online shop.

          By using the Site, you become a User, accepting the legal conditions. You can review our website and notices at any time. Read them carefully, and remember that they may undergo modifications. The contracting implies the acceptance of these conditions, so it is advisable that you read them every time you are going to contract. You will always be able to review the texts.

The use of our online shop as a visitor or registered member, and following the steps to make a contract in the same; implies the adhesion of the user to the present Conditions; unless there are abusive clauses, which will be considered as not put.

The Conditions apply from the start of the contract until the end of the legally established withdrawal and guarantee periods.

2. Ownership of the website and notifications.

Site Holder: Trocadero - Business and Golf, S.L.U. VAT NUMBER: B93234490.

LocationPolígono Industria Nueva Campana S/N Nave 83, C.P. 29660, de Marbella

Telephone: 952765506 Mail: info@grupotrocadero.com

  It is registered in the Mercantile Register of Malaga T 5103, L 4010, F 202,S 8, H MA116947, I/A 1

Each restaurant has the relevant authorisations from the local councils where the activity is carried out.

3. Intellectual and industrial property.

          We own the intellectual property rights to all content on the site or have the appropriate authorisation to use it.

          All trademarks or distinctive signs used are protected by law; the unauthorised reproduction, distribution, commercialisation or transformation of the contents of the Site is an infringement of intellectual and industrial property rights.

          Such unauthorised use, as well as any damage caused, may result in legal action and, where appropriate, in liability.

4. Diligent action by the owner of the Site, for the exclusion of liability.

          The customer must evaluate the content, programs, information and / or advice expressed on this site and make their own decisions to purchase or contact. We wish to reaffirm that we will take all appropriate security measures, according to the current state of the art, to prevent third parties from making fraudulent use of the website, but we cannot prevent 100% from the existence of certain risks.

          Likewise, we will try to ensure that our contents are accurate and unequivocal, avoiding typographical errors that may exist in our offers or services, and in case of detecting them, they will be modified as soon as possible, giving notice to customers in case of having purchased with any error.

We may publish content or services provided by third parties or companies as long as we have made the relevant checks, whose content is truthful and accurate in accordance with current legislation. We will remove these links as soon as we become aware that they do not comply with current legislation, or that they may cause you potential harm. We advise you to act with caution and consult the legal conditions of these websites.

          Although we take all the necessary security measures, our responsibility is one of means, not results, so we cannot guarantee the absence of viruses or other elements on the website that may cause alterations to your computer system. Therefore, we shall be exempt from contractual or extra-contractual liability to users provided that we have proactively implemented all the technical measures available to us and that, once the incident has arisen, we work diligently to minimise its impact on your rights and freedoms, as soon as we are aware of its existence.

          The user will always have the right to make the legal claims that he/she considers appropriate, and this condition does not serve to limit his/her rights in any way, but in case of damage of any kind caused by computer viruses or attacks, the guilty party will be the one who caused the attack. If you detect any problem or illegitimate content on our website, please let us know.

5. Purchasing procedure.

Consumers or users can purchase products that are categorised. By selecting one, the information available on the product, its characteristics, utilities and price, and one or more descriptive photographs appear on the screen. Some particular conditions, technical assistance, after-sales services and other commercial guarantees that may assist the customer may also appear.

You must follow the instructions on the screen and add items to the cart, without any commitment to buy. You can view the cart and even empty it whenever you want.

You have to be 18 years old to be hired.

If you wish to continue with the purchase, you must check the order and assess whether it meets your needs. In addition, the customer will be asked for their minimum personal information with fields marked with an asterisk, which are mandatory for a correct shipment.

You must accept the purchase in the order review button, along with the legal notice and general conditions, and the particular conditions that those items have in their description.

the customer will be asked for their minimum personal information with fields marked with an asterisk, which are mandatory for a correct shipment.

You can check if the order data is correct and correct any incorrect data.

To complete the purchase process you must click on the checkout button.

If there are help pages during the process, these will give the customer extra information about the purchasing process.

When a purchase is formalised, and once payment has been received and checked and acceptance of the purchase has been confirmed by email within 24 hours of purchase, the product is shipped unless it is not available, of which you will be informed by email.

The contract ends once the good has been delivered, although guarantees and data are retained for legal and commercial reasons (if you agreed to other uses).

VOUCHERS

The delivery of these gift cards is free of charge. Within 24 hours you will receive a specific code, different from the order code, to redeem your voucher.

If you need the voucher right now, you can go to any of our restaurants and purchase a physical gift card.

Vouchers are for single use only. If the full amount of the voucher is not consumed at the time of redemption, the remaining amount will not be refunded at the restaurant and will not be refunded in future credit.

Damages, whether actual, indirect, or of any other kind; or for the loss of profit that the buyer may have suffered due to problems arising from the sale and delivery will be the responsibility of the delivery company and its insurance, and you can claim when you receive the product. However, we are at your disposal to answer any questions about this process, and you will be entitled to the returns and cancellations that we will see below.

We are not liable for delays, inaccurate or erroneous publications; when they are the result of events or circumstances beyond our control, such as force majeure accepted by jurisprudence: governmental action, fire, flood, insurrection, earthquake, tidal wave, dana, tsunami, nuclear or space incident, technical failure, hacking, riot, explosion, embargo, legal or illegal strike, shortage of personnel or material, interruption of transport of any kind, delay in work, or any other circumstance beyond our control.

          For any further information about your order or billing you can contact the Customer Service Department via the email account provided at the beginning of the order.

6. Delivery deadlines.

The delivery time will be 48h-96h approx. after contracting, for those shipments to be delivered within the Peninsula, Ceuta, Melilla and the Balearic Islands. In the case of the Canary Islands, the delivery time will be 72h-96h approx. after contracting. It can be accessed from any operating system, platform or browser. If you have a problem, please contact us.

7. Price and method of payment.

The price is in Euros, and independent for each contractable item, being valid for as long as they remain accessible on the website. Applicable taxes are included in the price of the product. 

The method of payment of the goods will be by credit card/paypal. All commercial transactions are carried out in a secure server environment under SSL protocol (Secure Socket Layer), and the PSD2 regulation (Payment Services Directive EU 2015/2366), which guarantees the security and privacy of your data.

The shipping costs are broken down in the shopping cart, the user must check and accept before placing the order, the costs involved in sending it to your address, as they vary depending on the size and weight of the product or the place of destination.

We will send you confirmation of receipt of payment by email within 24 hours.

8. Guarantee.

The guarantee of the products is three years from the date of receipt of the same, set out in the receipt of the corresponding courier service, which the user signs on delivery. In the case of second-hand products, it will be 1 year. The guarantee does not include the natural wear and tear that textile products have due to use, washing and wear and tear caused by the sun.

The warranty entitles the user to replace the product with a new one (except for consumables or second-hand products), to ask for a price reduction or to terminate the contract.

In the event that we claim that one form causes disproportionate damage and with the agreement of the consumer, we can choose the one that suits both parties. 

9. Obligations of the user.

Commercial use of trademarked products is expressly prohibited unless expressly authorised by us or the trademark owner.

The user is obliged to pay the price. And for the products and to use them in accordance with the law, the legal conditions and the user manuals.

You must keep your password confidential and notify us immediately if you suspect unauthorised use of your account so that we can assist you.

In addition, you agree not to use another person's account, username or password; we remind you that such actions may result in legal consequences. 

10. Obligations of the owner of the website.

          It undertakes to provide the user with the necessary information regarding the products and, once the purchase has been made, to send him/her a confirmation by email, stating that the order has been received and confirming the payment.

          In addition, an invoice will be prepared and provided to the consumer by e-mail to the same e-mail address provided by the consumer using the payment form of this online shop.

11. Withdrawal.

          If you are not satisfied with the products purchased in our online shop, you have the right to withdraw from the contract by returning your purchases in accordance with the following paragraphs.

          The withdrawal period shall expire after 14 calendar days from the day on which you or a third party other than the carrier and indicated by you received the goods.

The right of withdrawal does not apply to the articles listed below:

- Goods made to consumer and user specifications or clearly personalised.

- Sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

          If you have purchased multiple goods in the same order which have been delivered to you separately, the withdrawal period shall expire 14 calendar days from the day on which you, or a third party other than the carrier and indicated by you, received the last of those goods.

          In the event that you have purchased a good composed of multiple components or parts, the withdrawal period shall expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, received the last component or material.

Once we have received the goods, we will credit you both the principal amount and the shipping costs you paid at the time, however, you will be responsible for the shipping costs incurred in returning the goods.

The consumer shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics or functioning.

The consumer must communicate their desire to withdraw by any means admissible in law through the means provided at the beginning of this text, as well as proceed to the return of the product by parcel post, bearing the costs of such return. By returning the package to the address, we understand that this right has been exercised, although we provide a withdrawal form downloadable at the end of this text, the use of which is not mandatory.

Once we have received the return communication (if applicable) and the product being returned, we will proceed to refund the money paid, including taxes and shipping costs of origin, within a maximum of 14 days, without any discount or penalty. The refund will be made by the same means by which you paid, unless you tell us otherwise.

The user will only have to reimburse an amount for the diminished value of the good, which is a consequence of its use not in accordance with the agreement or the characteristics of the good, for reckless damage caused by not following the maintenance instructions of the good, or for wilful damage.

In the event that the return is due to product defects, the legal rights and guarantees on defective products are applied in accordance with the provisions of the applicable legislation to that effect, and the company will be responsible for the shipping costs.

The right of withdrawal is only valid for consumers, including legal persons and unincorporated entities acting on a non-profit basis in a field outside their trade or business. Traders or entrepreneurs who purchase goods in the course of a trade or business are not entitled to the right of withdrawal.

12. Terms of use for users and responsibilities.

It is forbidden to overload, damage or render useless the networks, servers and other computer systems or computer applications (software) of the owner or third parties; or for purposes detrimental to their property or interests.

If you are aware that the hyperlinks refer to websites with content or services that are illegal, harmful, denigrating, violent or contrary to morality, we would be grateful if you could contact us.

If you send us any information, you undertake that it is truthful and that it does not violate the rights of third parties or the law.

You undertake not to reproduce, distribute, transform, modify or manipulate the contents or the technical protection or configuration devices of the Site. You must not use any means other than those we have made available to you to obtain materials, information or files included on the Site.

You are responsible for the use you make of what you have purchased on the Site, use it according to the instructions and recommendations provided. You will be liable for any damages that may result from improper or incorrect use; unless we are grossly negligent, fraudulent or in breach of our obligations. You shall always be entitled to make any claims you may have.

You will be responsible for your actions, in particular for:

- All acts that contravene the provisions of these general conditions, the law, morality, generally accepted customs and/or public order.

- Any act that you perform in a manner different from what is stated in the indications or instructions on the operation and use of the product or service.

- The certainty, accuracy, validity and timeliness of the data with which you fill in each of the forms that we ask you to fill in on the website.

- Direct or indirect damages caused by any third party if the user disclosed, neglected or in any way let a third party know for reasons attributable to the user, his personal data, or did not take adequate measures to protect them.

13. Power to refuse the request.

We reserve the right not to allow the purchase of the product, when we consider that it objectively infringes the regulations in force, the general conditions, morality, generally accepted customs, public order; when it harms a third party, or when for reasons derived from our own image and reputation; we do not consider it appropriate.

It can also be yes:

- We do not have the requested items in stock at the moment.

- The products have been discontinued and are no longer being shipped to us from the factory.

- Some conditions of the order (delivery time, transport, price, etc.) are not acceptable.

-The customer has outstanding payments and it is not advisable to send anything until the debt is settled.

There must always be one of the specified causes, so in no case does it mean that the contract is subject to our will. In addition, you will have the right to complain in the instances that you consider appropriate, and this does not imply a reduction in your rights.

The user will always be informed, given viable and legal alternatives, and if he/she does not accept them and the payment has been made, he/she will be refunded.

14. Information and modification.

We comply with the duty of prior information, as we have exposed this text to potential interested parties before contracting.

The temporary validity of these terms and conditions coincides with the time they are displayed, until such time as the terms and conditions stipulated herein are totally or partially modified unilaterally, and the user is obliged to consult our General Terms and Conditions and the specific conditions of the products each time he/she accesses our online shop.

Orders in progress or already placed shall be governed by the terms and conditions and consumer regulations published at the time of contracting.

If you are registered, you must accept the updated terms and conditions before you sign up again.

If a clause is declared null and void, it shall be deemed not to have been included without affecting the rest of the terms and conditions, and without affecting the user's ability to lodge any claims he may consider appropriate.

15. Assignment and subrogation.

We may contract service providers, and collaborate with or assign the contracts formalised to third parties, to carry out the supply of all or part of the products to which it undertakes by virtue of the different operations that are formalised. This will not imply a decrease in our responsibility for what has been contracted.

You can find an updated list of our service partners in the recipients section of our privacy policy.

16. Extinction and termination.

This contract will terminate when both parties fulfil the obligations to which they commit themselves in this contract or when it is terminated by one of them if any of the causes for termination occur, or if the other party seriously breaches any of the obligations established in the contract.

17. Applicable law, jurisdiction and validity.

This Legal Notice and the General Terms and Conditions of Contract are established in Spanish-Spanish language, and are governed in each of its ends, by the Spanish legislation.

As a consumer you are protected, and you can complain or sue from your home.

Both parties submit to the Courts and Tribunals of Marbella (Spain), if:

- You are domiciled outside the European Union and there is no agreement with Spain in your country that prevents the express submission of the jurisdiction;

- This is a sale and purchase by a company acting in the course of its business or professional activity (as you would not be a consumer).

18. Statute of limitations and non-conformity.

Consumers have up to five years to exercise their rights in case of non-conformity. In case of non-conformity, you have up to two years to inform us that the digital good, content or service is not in conformity with the contract.

If it is foreseeable that the service will evolve while it is being provided, we will inform you prior to purchase.

 

19. Online Dispute Resolution.

In accordance with the provisions of EU Regulation 524/2013 on Online Dispute Resolution (ODR), we inform you that as a consumer, you have at your disposal a procedure to resolve disputes arising from online contracts in the EU.

EU ODR (Online Dispute Resolution) platform: http://ec.europa.eu/consumers/odr/

20. Download Documents

You can download this text and the withdrawal form here. here.